By Kim McDarison
Whitewater Municipal Judge Patrick Taylor has resigned, according to information released by Whitewater city officials. A process to appoint an interim judge — followed by a special election to fill the pending vacancy — is among items to be discussed during Tuesday’s upcoming Whitewater City Council meeting, according to the meeting’s agenda posted on the city’s website.
Taylor’s resignation is effective June 1.
Additionally, the court will see a change in bailiff following a decision to retire from the position made by retired Whitewater Police Sgt. Mike Ciardo and an instruction from Taylor to the city’s Human Resources Director Sara Marquardt to install retired Whitewater Police Capt. David Gempler into the position.
Letter of resignation from Taylor
In a letter received by City Manager John Weidl earlier this month, Taylor wrote that he, after five years of service as the city’s municipal judge, was resigning from his position in order to follow his wife, Grace Crickette, whom, he noted, has accepted a position as vice president at the University of Redlands, in California.
In his resignation letter, Taylor thanked his staff members, clerk Beatriz Aranda and Ciardo for “their support and guidance.”
He expressed gratitude for “participation of the WUSD (Whitewater Unified School District) high school and middle school administrators who wholeheartedly accepted my invitation to be active participants, as well as Walworth County Health and Human Services professionals, who provide needed services beyond the significant capacities of the schools.”
Additionally, he wrote: “It was also a privilege to work with the city attorney and witness the professionalism of the WPD (Whitewater Police Department) as few people can.”
Taylor stated that he would be available to assist his successor “as needed,” and offered some advice: “Preparation, understanding, impartiality, and creative resolutions are among the keys to successfully administrating community justice and are prerequisites to steering lives onto a more constructive path … I would suggest adopting this philosophy and an inclusive 360-degree approach, and never underestimate the positive effect you can make.”
Change in bailiff: Ciardo to retire; Gempler to fill position
Within a memo to Sara Marquardt, dated March 27, Taylor wrote: “I’d like to make clear some things about the operation of the municipal court, court hiring and the impending judicial vacancy.”
Taylor noted that municipal courts are governed by a chapter within Wisconsin state statutes, which defines them as a “coequal branch,” and not a department of a municipal government, which is subject to “superintending authority of the supreme court, through the chief judge of the judicial administrative district.”
Additionally, he wrote, “the court does not answer to the city manager or to the council, but to the supreme court and the citizens of Whitewater.”
Among duties assigned to the municipal judge are those of setting court hours and supervising court personnel, Taylor noted, adding that the judge, according to state statutes, may appoint personnel that are authorized by the council or board.
The judge also is responsible for hiring, firing, and setting hours of employment for and work responsibilities of court personnel.
Salaries for such personnel are fixed by the council or board, the judge’s memo continued.
In Whitewater, positions approved by the city council and overseen by the judge include those of a part-time clerk and part-time bailiff.
“As you know,” Taylor wrote, Whitewater Police Sgt. Mike Ciardo, now retired, “is retiring as bailiff.” He further indicated that Whitewater Police Capt. David Gempler, now retired, “has expressed an interest in filling this position.”
Within his memo, Taylor offered instructed to Marquardt, writing: “by the authority conveyed to me by the Legislature of the state of Wisconsin, please make arrangements for Capt. Gempler to begin work as soon as possible following Sgt. Ciardo’s last day.”
Regarding his own position and its pending vacancy, Taylor wrote: “A permanent vacancy in the office of municipal judge may be filled by temporary appointment of the municipal governing body … The office shall then be permanently filled by special election. A person so elected shall serve for the residue of the unexpired term.”
Taylor stated that commencing June 2, the chief judge of the district, for up to 90 days, and the council may appoint an interim municipal judge until a special election is held, at which time the voters would elect a new judge to serve for the remainder of the term.
Taylor noted that his term as judge ends in May of 2027.
Timeline for temporary judge appointment process, followed by special election
In a memo to council from Weidl, dated April 9 and included within the council’s upcoming meeting packet, the city manager proposed a timeline for an appointment process to fill, until such time when a special election could be held, the pending municipal judge vacancy.
The timeline proposes that an application process to identify a new judge would close on April 30. The council would next undertake a vetting process regarding the applications which would be held May 7.
The timeline additionally offers the consideration of a special meeting to expedite the appointment process, which, the city manager wrote, “could facilitate the newly appointed judge’s attendance at the upcoming New Municipal Judge Orientation, hosted by the Wisconsin Judicial Education Division of the Director of State Court’s Office.” The orientation will be held between May 7 and 10 in Appleton.
The memo noted that during the council’s upcoming meeting, which will be held Tuesday, April 16, the city manager’s office will seek a decision made by the council regarding the scheduling of a special election to fill the municipal judge seat through May of 2027.
The agenda for Tuesday’s meeting is here: https://meetings.municode.com/adaHtmlDocument/index?cc=WHITEWATWI&me=830f22f8368443d192c60122ded18fda&ip=True.