Source: Milwaukee Journal Sentinel
Author:  Jim Stingl, Journal Sentinel staff
Contact: Fax: (414) 224-8280
Email:   Thu, 08 Jan 1998
Website: http://www.jsonline.com/

BARCZAK RETIRES AS COUNTY CLERK OF CIRCUIT COURT

Clerk of Circuit Court Gary Barczak, who is awaiting trial on drug charges,
is retiring today, now that he's eligible for his pension.

"He was in this morning and signed some retirement papers," Jac R. Amerell,
the Milwaukee County's employee retirement manager, said Wednesday.

Barczak has been off the job on paid leave since he was arrested Oct. 9.

The complaint charges him with purchasing 12 grams of crack cocaine from a
confidential informant cooperating with the Sheriff's Department.

He was charged with a felony count of solicitation to commit a felony and
misdemeanor charges of possession of crack and drug paraphernalia.
Washington County District Attorney David Resheske is the special prosecutor
on the case.

By remaining on the payroll until Jan. 1 and attaining 15 years of service,
Barczak qualifies for a pension of about $1,530 a month.

That amount will be reduced to $1,320 because Barczak chose a 100% survivor
option for his wife, Judy. If she survives him, she will get that same
monthly amount until she dies.

"He's taken a reduction now to provide a future benefit for his spouse,"
Amerell said.

Barczak, 58, also will receive paid health insurance for the rest of his
life.

The county's Pension Board is expected to give final approval to Barczak's
retirement at a meeting on Jan. 28.

The benefits Barczak will receive could have been jeopardized if he had been
removed from office through a felony conviction or by a majority vote of the
county's circuit judges.

Barczak's lawyer, Michael Steinle, said he is in no danger of losing these
benefits. Steinle said he would submit Barczak's formal letter of
resignation today to Circuit Judge Michael Skwierawski, the acting chief
judge in the county.

"This was a decision by Gary to leave his office and go into the private
sector. It has nothing to do with the criminal case," meaning that it was
not part of any plea bargain, Steinle said.

"We're still set for trial. As the trial gets closer, I'm sure Resheske and
I will talk" about the possibility of resolving the case short of trial,
Steinle said.

Resheske said Wednesday that Barczak's voluntary surrender of his job "is a
factor I will consider" -- and consider favorably -- in any negotiations
with Steinle.

Asked for specifics about Barczak's plans, Steinle said: "He has a lot of
options. That's all I can tell you. Right now he's focusing on his
treatment. He's been released from in-patient treatment and he's continuing
out-patient treatment at this time."

The chief deputy clerk of courts, Jon Sanfilippo, has been handling
Barczak's duties since October.

Skwierawski said the job could be filled by someone selected by the circuit
judges, or it could remain vacant until the election in the fall. The matter
will be placed on the agenda of the judges' annual meeting later this month,
he said.

Barczak's trial is scheduled for Feb. 2 before Thomas S. Williams, a circuit
judge brought in from Winnebago County. Barczak is free on $3,500 bail.

If he is convicted as charged, the maximum sentence is six years and one
month in prison plus a $15,500 fine.

The criminal complaint against Barczak said he had known the informant for
many years and had purchased cocaine from him other times.

As deputies watched, Barczak met the informant in a West Allis parking lot
and then the two drove to Barczak's home, also in West Allis. A search
turned up cocaine and a crack pipe at the home and drugs in Barczak's car.

The informant also claimed that at times he had provided a prostitute for
Barczak along with the cocaine. And he claimed that Barczak had delivered
cocaine to other people at a party, court documents say.

Those same documents say Barczak admitted to deputies that he had been using
cocaine for a few years and was smoking the more potent crack for about a
year.

Barczak, who has two grown daughters, served for a decade in the state
Assembly before becoming clerk of courts in Milwaukee.