Dane County, Wisconsin, Judge Ellen K. Berz (WKOW).
A judge in Wisconsin faced suspension from the Supreme Court after embarking on a rather unconventional method of apprehending a defendant who was unable to attend court. Dane County Judge Ellen K. Berz took the drastic step of joining a defense attorney in a car ride to the hospital to arrest the client.
Not only did this incident raise eyebrows, but Judge Berz also made inappropriate remarks to another defendant in a different case, which the justices found to be disrespectful. As a result of her actions, Berz was handed a seven-day suspension, as reported by the Wisconsin Judicial Commission.
The incident unfolded during a trial on December 13, 2021, where Berz was presiding over a case involving a defendant facing charges of operating a vehicle while under the influence. The defendant’s absence was due to being hospitalized, leading to the controversial decision by Judge Berz to personally intervene in the situation.
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Rather than issue a bench warrant or delay the trial, Berz took matters into her own hands. First, she ordered a staff member to determine which hospital the defendant was admitted to. Once they found out, Berz told her bailiff to go arrest him, but the deputy was not permitted to leave the courthouse.
Berz then decided to go to the hospital to arrest the defendant herself and ordered the defense attorney to accompany her, instructing the lawyer not to inform his client they were on the way. Before she left, she told her court that if something happened to her, “they would hear about it on the news,” the order said.
But as they headed toward the hospital, the defense attorney told Berz that “this trip was a bad idea, as the judge is to be the neutral decision maker in the case.” Berz turned the car around and drove back to the courthouse.
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The second incident for which Berz was punished occurred on May 31, 2019. She was presiding over the trial of Richard Harrison, who stood accused of child sexual assault. Berz was apparently upset about the trial being delayed for six months so the defense could prepare. The defense asked for additional time. The judge called it a “ruse” and noted that she would “not forget that” at sentencing should the defendant be convicted.
After she agreed to reschedule, Berz and Harrison had the following exchange.
Berz: And just let me make this abundantly clear to you, Mr.
Harrison. You’re not playing that game anymore after this.
It’s not a look, I found another rabbit in the hat; look, there
might be something underneath this rug. If this trial — when
this trial is rescheduled, we’re not playing that game. So play
the game with other people you’re with. Go to the prison and
talk to them about all the games you can play. We’re done
here. Clear? Mr. Harrison, clear?
Harrison: Yeah, your sarcasm is extremely clear.
Berz: Good. I thought it would be. That’s why I’m
saying it to you that way, because I thought you would relate
with that.
Harrison: I don’t.
Berz: I think you do
Harrison was ultimately convicted, and Berz sentenced him to 25 years in prison.
The justices determined Berz’s actions in both cases amounted to “serious forms of misconduct.”
“The judicial intemperance displayed by Judge Berz is simply not acceptable. Judges must maintain objectivity, open-mindedness, and decorum, even when — especially when — they are faced with trying circumstances,” justices wrote.
Her behavior of trying to arrest someone at the hospital was “even more troubling” than her spat with Harrison.
The seven-day suspension will take effect on June 26.
