APPLETON, WI (WTAQ-WLUK) – The Wisconsin Supreme Court removed a Marinette County judge from hearing the motions of convicted murderer Kenneth Hudson.
Hudson is serving a life prison term for the June 25, 2000, murder of Van Dyn Hoven, 19. She was killed while jogging in a Kaukauna park. Hudson was also sentenced to consecutive sentences after that for kidnapping, attempted homicide and recklessly endangering safety, totaling another 70 years in prison. Since sentencing, Hudson has filed more than a dozen appeals and motions — usually focusing on claims he was framed — and all have failed.
Marinette County Judge James Morrison, then the chief judge for the seven-county administrative judicial district which also includes Outagamie County, assigned himself the case in 2021.
Morrison had ordered Hudson to file what Morrison has described as one final, “all-encompassing motion” to address any remaining issues. However, a series of other issues have derailed multiple deadlines for that motion to be filed.
At a hearing last month, Judge Morrison removed Hudson’s attorney, Michael Balskus, from the case, ruling Balskus didn’t appropriately meet court deadlines to turn over documents in the case. Judge Morrison gave Hudson until March 31 to file his motion – either with or without an attorney. Balskus then appealed that decision. The state appeals court put the matter on hold while it reviews the issue of Balskus’ status on the case.
Balskus also requested Judge Morrison recuse himself from the case – which he had declined to do – or for the courts to remove Morrison.
In an order filed Tuesday, the Wisconsin Supreme Court took Judge Morrison off the case, and assigned a Milwaukee-based appeals court judge to it.
It appearing that a judge should be assigned to act in the above-entitled matter, under WIS. STAT. 751.03(1), for the purpose of aiding in the proper disposition of business and because of the necessity of the disqualification of a District III judge, IT IS ORDERED that the Honorable Timothy G. Dugan, be assigned to act in the above- entitled matter in District III.” states the order, signed by Chief Justice Annette Kingsland Ziegler.
The statue cited gives the Chief Justice the latitude to assign judges to handle cases.
It’s an unusual move in that appeals court judges typically do not hear post-conviction motions at the circuit level, though part of Hudson’s case includes reviews of prior appellate court rulings.
The state appeals court districts are different than the circuit court administrative districts. A Milwaukee-based appellate judge does not usually review Marinette or Outagamie county cases.
