Reaction to area judge's blunt comments

WAUPACA - What Waupaca County Judge Philip Kirk said in court Monday when sentencing Delton Gorges isn't something you'd expect to hear from a judge.

“I think you were born gayer than a sweet-smelling jockstrap,” said Kirk.

It's a blunt statement to say the least Kirk directed toward Gorges' claim of being heterosexual.

“I think that you lived your life as a lie all of your years. And I don't doubt that you engaged in heterosexual behaviors, you got married and had a child. But it was all a lie,” said Kirk.

But the comments made by the judge didn't seem to anger Gorges' attorney, Tom Johnson.

“He will tell you what he is thinking, even if the expression of those thoughts is unconventional,” said Johnson.

Kirk followed his candid remarks with empathetic ones for the defendant.

“I think you're one of the victims here as well. I think you're a victim of society,” said Kirk.

A leader of a Green Bay gay rights group was taken aback by some of Kirk's choice words. But while he says some remarks were offensive, that's not what bothers him.

“Sometimes people don't say the right thing, but they potentially mean well, “said Andrew DeBaker, Co-Chair of New Pride. “The thing that concerns me is the linking homosexuality, linking being gay with, in this case, child molestation.”

“His remarks have impact. They have impact on the victims, and the victims’ family. They have impact on the community and they obviously have impact on the offender,” said Janine Geske, former Wisconsin Supreme Court Justice.

Geske, who's now a Marquette University professor, says judges have a powerful and influential position. And with it comes certain responsibility.

“Somehow it seemed to compare homosexuality with pedophilia and I think his remarks are unfortunate,” said Geske.

But she goes on to say judges have a lot of leeway in their courtroom. The judge's claim that Gorges has hidden his homosexuality is unproven. As for any repercussions he could face for his remarks in court, according to Wisconsin Code, a judge could only be reviewed for his actions if a complaint is filed with the Judicial Commission.