Lake Country Municipal Judge Timothy Kay was accused of threatening to jail a local man, Matt Kolb, after Kolb left a one-star Google review on the Kay & Kay Law Firm’s website following a court appearance for a speeding ticket, according to police referral documents obtained by Wisconsin Right Now via an open records request on May 2.
The incident raises questions about judicial conduct and the limits of free speech in relation to online reviews. According to the documents, after Kolb posted his review, Judge Kay ordered him back to court, vacated their previous agreement regarding his speeding ticket, held him in contempt of court, and doubled his fine. The judge reportedly warned Kolb not to post any further remarks about his law firm or face arrest: “And don’t you ever, ever put any Google remarks on my Google account or Kay & Kay Law Firm in the future. If you do, I will find you in contempt and I will have you arrested. Got it?”
Kolb described the experience as overwhelming and intimidating. In a letter he wrote: “I had exercised my First Amendment right to leave a one-star review of the judge’s law practice…I was shocked to learn that the judge had not only singled me out for that review but had chosen to retaliate by doubling my fine and threatening me with immediate arrest.” He added that he felt “exposed, powerless, and targeted for speaking out,” stating it shook his confidence in judicial fairness.
Audio recordings and transcripts show Judge Kay told Kolb he could be detained immediately: “I am close to holding you in contempt… I could have you detained and taken to Waukesha County jail right now.” When Kolb responded that he did not realize leaving such a review was against the law—“I didn’t realize it was against the law to leave a one-star review on a law firm”—Kay said he believed it impeded court operations.
Oconomowoc police referred possible charges of misconduct in public office against Judge Kay but Waukesha County District Attorney Lesli Boese declined prosecution. In an email response she said: “I received a referral for Timothy Kay for one count of Misconduct in Public Office. I am declining prosecution of the referral. That is the only comment I will be making on the case.”
The police documents also allege additional instances where Judge Kay retaliated against attorneys involved with complaints related to this matter. At an Operations Committee meeting discussing these events, clerks were ordered to repay money collected from Kolb and assign a substitute judge.
Judge Kay announced his retirement from Lake Country Municipal Court after 14 years shortly before these details became public: “It has been the honor of my life to preside over the Lake Country Municipal Court,” he wrote upon retiring.
