On Wednesday, May 28, 2025, ABC News reported that the Wisconsin Supreme Court issued a one-week suspension to Dane County Judge Ellen Berz for unprofessional conduct in two separate incidents. The suspension, effective June 26, follows a judicial conduct review panel’s recommendation and stems from actions that demonstrated a lack of impartiality and restraint, according to the court’s order.

The first incident occurred in December 2021 during a case involving a defendant charged with operating while intoxicated. When the defendant failed to appear in court on the scheduled trial date, his attorney informed Berz that he was hospitalized. After confirming the defendant’s location at a Sun Prairie emergency room, Berz instructed her bailiff to arrest him.

Upon learning the bailiff could not leave the courthouse, Berz declared she would personally retrieve the defendant, stating that any consequences would make news headlines. She then drove toward the hospital with the defendant’s attorney in her vehicle, without a prosecutor present. During the drive, the defense attorney advised Berz against continuing, citing her role as a neutral decision-maker. Berz returned to the courthouse and issued a warrant for the defendant’s arrest instead.

In a separate incident, Berz engaged in a sarcastic exchange with a defendant in a child sexual assault case who requested a second trial delay. According to a misconduct complaint filed by the Wisconsin Judicial Commission in October, Berz told the defendant he was playing games and suggested he could “go to the prison and talk to them about all the games you can play.” When the defendant acknowledged her sarcasm, Berz responded, “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.”

The Wisconsin Supreme Court determined that Berz’s actions warranted more than a reprimand due to their impulsive nature and failure to uphold judicial professionalism. The court’s order emphasized that the seven-day suspension aims to reinforce the importance of patience, impartiality, and restraint in Berz’s judicial duties while signaling the judiciary’s commitment to maintaining public confidence.

Berz acknowledged the facts of the case and accepted full responsibility.

This marks the second judicial suspension in Wisconsin within five weeks. On April 29, the Wisconsin Supreme Court indefinitely suspended Milwaukee County Circuit Judge Hannah Dugan after federal prosecutors alleged she assisted a man in evading U.S. immigration agents by showing him out a back door in her courtroom. Dugan faces federal charges of obstruction and concealing a person to prevent arrest, to which she has pleaded not guilty. Her trial is scheduled for July.

The Wisconsin Judicial Commission’s complaint against Berz highlighted her failure to promote public trust in judicial impartiality, unprofessional treatment of individuals, and biased performance of duties. Justice

 

 

Source: ABC News