Fox Crossing Municipal Judge Len Kachinsky booked into Winnebago County Jail

Alison Dirr | Appleton Post-Crescent

OSHKOSH - Fox Crossing Municipal Judge Len Kachinsky was booked into the Winnebago County Jail on Monday on preliminary charges of stalking and violating a temporary restraining order, USA TODAY NETWORK-Wisconsin has learned.

Kachinsky said in an email Tuesday that he was released at 11:30 a.m. without charges.

Winnebago County District Attorney Christian Gossett said earlier in the morning that he anticipated his office would make a decision Tuesday on whether Kachinsky would remain in custody but that a charging decision would likely be made next week, when the person handling the case is back in the office.

RELATED: Fox Crossing Municipal Judge Len Kachinsky faces Judicial Commission complaint

RELATED: Harassment restraining order granted against Fox Crossing Municipal Judge Len Kachinsky

RELATED: Fox Crossing Municipal Judge Len Kachinsky faces harassment allegations

Kachinsky is in a protracted legal battle with the Village of Fox Crossing over his treatment of his court clerk, who says he has been harassing her since last spring and retaliating against her. Court records detail erratic behavior, but he has pushed back against many of the allegations against him and has characterized the issue as a "workplace relationship gone bad."

But earlier this year, a Winnebago County court commissioner granted a restraining order against him. Kachinsky wrote in response to the clerk's petition for a restraining order that he hasn't harassed, intimidated or retaliated against her.

After a re-hearing in that case, Sheboygan County Judge Edward Stengel re-issued the restraining order on June 19. The order prohibits Kachinsky from having contact with his court clerk other than through work-related functions and limits communication to work topics. The order, which expires on May 1, 2019, also prohibits him from having contact with his clerk, her residence, her family or their residences in addition to mandating that a third person be present for any one-on-one meetings between Kachinsky and the clerk.

Attorney James Macy, who is representing the village, said despite the restraining order, in recent days electronic communication and materials left in the office "created the current situation."

He declined to go into specifics, saying those communications are under investigation by the Winnebago County District Attorney's Office and the Sheriff's Department.

"From the village’s standpoint, they just simply want a regular, respectful working relationship in the office, and that’s all they’ve ever asked for or the clerk has asked for, as simple as that," Macy told USA TODAY NETWORK-Wisconsin. "And they just can’t seem to get there with the judge.”

Kachinsky said one reason for his arrest was that he posted a highlighted copy of a chapter from the villages' personnel manual on his desk.

"I did not and still do not see that as a violation of the order," he said. "But Stengel's order opened the door to so many possible violations for legitimate supervisory conduct that it may be impossible for me to effectively serve as judge for much longer."

Previous court filings allege erratic behavior, harassment against the clerk and subsequent retaliation against her. The documents include accusations that he made cat noises while staring at her for almost 40 minutes; sent an email that she, village administration and the police chief interpreted as a threat; continually emails her about nonwork issues; and filed letters of reprimand against her for such conduct as refusing to acknowledge or return Christmas greetings.

Kachinsky said in an email in June that a toy cat made the cat noises.

The Wisconsin Judicial Commission has filed a complaint with the state Supreme Court.

Attorney Douglas Fyfe, who is listed as representing Kachinsky in one of the cases involving the village, was not immedlately available Tuesday.

Kachinsky, a longtime attorney in the Fox Cities, garnered national attention when he was featured in the Netflix docu-series "Making a Murderer." He had served as an attorney for Brendan Dassey before being removed from the case.