Affair roils Vilas County courthouse

Editor’s Note: On Tuesday, June 25 the Vilas County Board of Supervisors discussed a pair of resolutions supporting the recall of the officials named in this story. Ultimately, the board tabled the resolution with respect to Judge Daniel Overbey. The resolution related to Clerk of Court Beth Soltow failed on an 18-2 vote. A full story on the county board action will follow in our next edition. 

An affair involving two high-ranking officials in the Vilas County courthouse has created turmoil among courthouse staff for months and continues to do so, as some county officials look for ways to resolve the situation, including supporting a potential recall, The Lakeland Times has learned.

First reported by the Vilas County News-Review, the affair took place between Vilas County clerk of courts Beth Soltow and Vilas County circuit judge Daniel Overbey. 

The affair, and then the hostility between Overbey and Soltow after it was exposed, has undermined court proceedings and protocol and took a heavy toll on staff, both conversations with employees inside the courthouse and emails the Times has obtained through an open records request show.

An accompanying hostile work environment has added to the staff turmoil and courthouse dysfunction. Now, some officials have told the Times, morale is so low and fear of retaliation so high that they fear a complete implosion within the courthouse.

To be sure, email exchanges last year between Vilas County circuit judge Martha Milanowski, who was trying to protect the court’s integrity and look after the well-being of court staff, and other state court officials document a demoralized staff and an atmosphere of heightened tension. 

What’s more, sources inside the courthouse, whose names the Times is protecting, tell the newspaper that the same impairment persists nearly half-way into 2024.

Last Nov. 16, Milanowski reached out to Caitlin Frederick, the deputy director for management services of the Wisconsin Court System, and bluntly assessed the situation, as court officials probed the situation.

“I wanted to touch base with you and let you know that matters are escalating here in Vilas County, as the affair has become public knowledge as of yesterday,” Milanowski wrote to Frederick in an email. “Presently Judge O is not speaking with me (he has not done so since [redacted] in late October) and he has had his access to the clerk’s office cut off by Vilas County Human Resources effective today.”

In addition, Milanowski wrote, Soltow and Overbey were not communicating and it was becoming increasingly tense and uncomfortable for everyone in the courts and in the clerk’s office. 

“I am doing my best to lead everyone through this tumultuous time,” Milanowski wrote. “I am hoping that your report is nearing completion and that the matter can move along in whatever way you have determined it should. If there’s any way you could let me know your timing, I would greatly appreciate it.”

Something amiss

Long before the affair became public knowledge, as Milanowski put it in her email to Frederick, the relationship between Overbey and Soltow was impacting court operations, not only the staff but Milanowski herself, and, as early as July 2022, Milanowski was expressing frustration with how Overbey’s and Soltow’s personal relationship was affecting courthouse protocols.

“It is apparent that there have been discussions that have not included me on more than one issue that will affect the way our soon to be two branches will operate,” Milanowski wrote on July 12, 2022, to Soltow and Overbey. “This has led to tension and communications that have given the appearance of a dysfunctional court and staff, not only here in Vilas County but also in our district. As I mentioned during our meeting last Friday and our meeting with just the three of us just yesterday morning, changes that affect the court operations (i.e. policy changes) must first be vetted with the two judges and the clerk.” 

Side discussions and fact-finding that didn’t include all three of them were not appropriate, Milanowski wrote.

“I have been blind-sided twice now,” she wrote. “My track record in this courthouse is one of building consensus and a professional team that provides quality services to the public and that is my hope as to how our courts will continue to operate. In order to achieve that, it is imperative that I be included in any thoughts on change of policy on the front end. I know that the two of you are extremely close on a personal level and may discuss work outside of this courthouse; however please remember that I must be brought in on this discussion before it goes further in the workplace. We have now seen how things fall apart very quickly when that protocol is not followed.”

According to Milanowski, as she later relayed to state court officials, protocol continued to be swept aside and things did indeed fall apart quickly, especially for staff. 

Indeed, staff reported unprofessional conduct between Overbey and Soltow that was, in their opinion, undermining the judicial system. In a Nov. 13 email to district nine chief judge Ann Knox-Bauer, which was heavily redacted, Milanowski summarized information she said she was certain would be in the records, which was relayed to her by a person whose name was redacted. Milanowski’s summary from that person or persons stated:

“During a 5-day JT trial, [redacted] the [redacted] was testifying and Judge O messaged the clerk of court stating that the [redacted] was the same age as the clerk of court and that the clerk of court looked so much better than [redacted.] Also he messaged her during the trial stating something to the effect that he wished the person would stop testifying so they could break and have lunch (which they did have lunch together each day, to include the taco party in my chambers the first day and Chinese food from Oneida County the second...). Their messaging was constant throughout the trial and not related to their respective duties during trial.”

Hostile work environment

Equally important as the affair and in-court conduct, the November emails between court officials show, was the way Soltow and Overbey were treating courthouse staff. In a Nov. 22 email from district court administrator Susan Byrnes to Knox-Bauer, Byrnes relayed that one employee had just told Byrnes of her experience and that it sickened her.

“In a nutshell, [redacted] told me things below and I am just sick about learning of this now,” Byrnes wrote and followed with bullet points. “Her exposure to the affair was daily and it made her very nervous. …  She had no proof, but there was inappropriate behaviors in the office. …[Redacted] observed Beth modelling a pair of leather pants for Judge Overbey one time, and ‘Beth slapped her own a—’ as part of it.”

The employee was close to resignation, things were so bad, Byrnes wrote.

“[Redacted] debated quitting every single day from the stress of it,” Byrnes stated and continued with the bullet points. “[Redacted] told [redacted] how bad it was daily. [Redacted] tried really hard to stay out of it, but she was dragged into it like the leather pant thing.”

When asked why she said nothing, Byrnes wrote, the employee said she had no proof and did not wish to lose her job. It wasn’t just the affair, though, Byrnes wrote.

“She witnessed one time that Judge Overbey screamed at [redacted] so loudly that it was heard through the wall,” she wrote. “[Redacted] cried with [redacted] about it and was appalled by Judge Overbey’s behavior. [Redacted] said had his rage been directed at her, she would have quit. She was very bothered by Judge Overbey leaving early every day to pick up Beth’s child. She thought it bizarre. In court the scrolling on a device and skyping with Beth interrupted court often.”

As the affair became publicly exposed, especially to court officials, Overbey and Soltow were confronted about the now-apparent hostile work environment, which was causing staff to leave or consider leaving. In a Nov. 16 email from Vilas County human resources manager Kris Braynack to Byrnes, Braynack also addressed the hostile work environment.

“I did have a conversation with Judge Overbey regarding the hostile work environment, slamming doors, throwing books down and I told him I didn’t really want to put someone in that position,” Braynack wrote. “He said he didn’t remember doing that. Access to Clerk of Court has been removed from his fob. He said he knew that was coming. Now we need to see if they can work together. I’m not sure that can happen.”

At least one employee did leave, either due to the alleged affair or the hostile work environment, or both.

“I was approached in the hallway on my way to my office this morning by [redacted], who asked me if I knew anything about when this pending matter was going to be brought to the attention of Judge O,” Milanowski wrote to Frederick in October, when staff began to expose the alleged affair. “She was one of the individuals who was interviewed about this matter. She said she is extremely uncomfortable in the office not knowing the timing and that he is in with the COC in her office regularly (including yesterday for about an hour). I told her I would reach out.”

Milanowski informed Frederick that staff hoped the matter could move forward soon. 

“Unfortunately we have now lost an employee due to the environment,” she wrote. “I’ve also been contacted by HR here in Vilas County as to whether I’ve heard anything on timing, as she is concerned about recruiting and hiring someone for [redacted]  given the situation.”

Later, when confronted about the hostile environment, Overbey said it was only partially his fault.

“He told me today that it was only 50 percent his fault that [redacted] left,” Byrnes wrote to Milanowski on Nov. 17. “I called him on it, and I told him I thought it was 100 percent his fault for creating a hostile work environment. He blamed 50 percent on Beth. It is all too exhausting.”

In another world

Milanowski wrote to Byrnes that both Soltow and Overbey were disconnected from the reality of the situation. For his part, Overbey was busy trying to mend fences but his take on the success of that campaign was different from Milanowski’s.

For example, in a Nov. 17 email to Milanowski, Byrnes said Overbey had called her to say he had had good conversations with the sheriff, with human resources, and the court security officer. But Milanowski said that’s not what people in the courthouse were telling her.

“His perception on how his ‘conversations’ have gone with the folks below is VERY different from what those people have told me (the Sheriff said he mainly listened, hr told him she is very reluctant to hire anyone to work for him given his behavior, and with the security officer the only thing he really said was that he needed his refrigerator moved into the vacant CR office),” Milanowski replied. “And that’s exactly why he wants to meet with me, so he can rewrite whatever sort of ‘conversation’ he has with me so it supports his skewed sense of reality.”

In another reply, Byrnes agreed that she thought Overbey’s “sense of reality is skewed.” Byrnes also wrote that Overbey did not want to communicate by email, but she was insisting just that.

“He does not like email, thinks it will end up in hands of state somehow,” she wrote. “Some truth to that. So the boundary I set is he has to communicate with me via email.”

Milanowski also believed Soltow was disconnected and deflecting.

“For what it’s worth, both [redacted] contacted me today and think the office does not go forward well with her [Soltow] in it,” Milanowski wrote in a Dec. 1 email to Byrnes. “She’s doing more avoidance and left for an hour for a lunch [redacted]. I think it’s more lies unfortunately and a gross misperception of reality.”

In another instance, Milanowski wrote, Soltow tried to play the victim to her staff.

“I was alerted today by one of Beth’s clerks (the one who has been affected the most by the actions between Beth and Overbey) that Beth called her into her office to have a quick discussion and said (paraphrasing): ‘I will not discuss what’s going on, there’s an elephant in the room, [redacted] and I want you to support us and I will earn your trust back,’” Milanowski wrote.

The judge said she was not thrilled to hear that that was how Soltow expected to build her team back up. 

“I will discuss with her further as I plan on checking in with her but I wanted to let you know,” Milanowski wrote. “It’s my take that folks around here feel like she is playing the victim in all of this.”

Keeping it together

By early December 2023 — with Soltow and Overbey no longer talking and Overbey denied access to the clerk of court — it was evident all of it was taking a toll and officials were trying to calm staff.

In early December, Byrnes held a meeting with the clerk of court’s staff. However, holding that meeting apparently upset Braynack, who told Milanowski she wanted the staff to put it all behind them, according to a Dec. 5 email from Milanowski to Byrnes.

“HR Braynak is upset about last week’s meeting, [redacted] approached her and then Braynack talked with me first thing this morning and said that the entire COC staff needs to move on and stop talking about the ‘situation,’” Milanowski wrote. “Very similar to what [redacted] [redacted] told me yesterday.”

Milanowski included a draft email she wanted to send to Braynack that she wanted Byrnes to review. She ultimately sent it. In that email, Milanowski explained that the meeting was both necessary and directed to be held by Knox-Bauer. The email read, in part:

“As I explained, that meeting was made necessary due to COC Soltow’s lack of follow through with meeting with her staff on a 1 on 1 basis to address the ongoing situation involving herself and Judge Overbey and how it has directly affected her staff in the work environment over the last approximately 1 year (it’s longer for some staff, shorter for others),” the email stated. “Susan Byrnes was directed by Chief Judge Knox-Bauer to hold that meeting; Beth was asked to attend but declined.”

Milanowski wrote that she understood that the clerk of court’s staff were county employees, but that the chief judge nonetheless had authority over the clerk of court’s office.

“[As] I shared with you during our conversation this morning the meeting was very much necessary and welcomed by the staff and it allowed them to express themselves in a safe and confidential manner,” she wrote. “I have continuing concerns about the entire staff in the COC office and am trying to monitor their mental well-being as best I can and support them in an effort to keep the court moving forward in a way that promotes integrity and trust.”

Unfortunately, Milanowski continued, that integrity and trust had been significantly compromised over the past year, not “due to the affair in and of itself but rather due to how it was brought into the workplace and directly affected the staff each and every day, including not being trained adequately.”

Braynack responded, saying she too was concerned for the employees.

“I feel horrible for the employees upstairs and do think that I need to talk with each of them or as a group,” she wrote. “Beth is welcome to attend, however, if she didn’t attend the last meeting, she will probably not attend this one.”  

In the months since all those exchanges, sources inside the courthouse tell the Times that dysfunction stemming from the entire situation continues to plague the courthouse. County officials are also pondering calling for a recall election, though they themselves have no authority to simply schedule one. That would have to be a voters’ initiative to gather signatures.

Still, those sources say, the county board could send a powerful message by signaling their support for a recall. One thing is for sure, court officials have longed for some action by the county, as Milanowski expressed to Knox-Bauer last November.

“Unfortunately they have not taken any action yet, but the Board Chair is very concerned and they put their liability carrier on notice,” she wrote.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.