On Thursday, October 10, 2024, the Wisconsin State Journal reported that a misconduct complaint had been filed against Dane County Judge Ellen Berz by the Wisconsin Judicial Commission. The commission has found probable cause to believe that Judge Berz has violated state Supreme Court rules concerning judicial conduct. The allegations stem from her interactions with defendants in her courtroom, raising concerns about her impartiality and adherence to standards of conduct.
The complaint highlights two specific incidents involving Judge Berz. The first occurred during a hearing on May 31, 2019, in a case involving child sexual assault and bail jumping. During this proceeding, Berz warned defendant Richard H. Harrison that “this court will not forget” his request for a delay in his trial. She indicated that if he were found guilty, there would be consequences. The exchange included a brief argument where Harrison remarked on Berz’s sarcasm, to which she responded affirmatively, suggesting her tone was intentional.
The second incident took place on December 13, 2021, when Berz ordered a bailiff to arrest defendant Noah A. Hodges, who had failed to appear for his trial. Hodges’ attorney informed the judge that his client was hospitalized, yet Berz insisted on proceeding with the arrest. When the bailiff declined to leave the courthouse, citing protocol, Berz declared that she would undertake the arrest herself and left with Hodges’ attorney to head toward the hospital. During this situation, she reportedly mentioned that if anything happened to her, it would be reported in the news. The attorney cautioned Berz that such actions compromised her role as a neutral decision-maker, to which she responded by asserting that they would continue if they deemed it necessary.
The complaint against Berz details these actions as violations of four key rules that demand judges maintain impartiality and treat individuals with “patience, dignity, and courtesy.” The Wisconsin Judicial Commission is now requesting that the chief judge of the state Court of Appeals appoint a three-judge panel to evaluate the allegations and recommend any disciplinary actions. Potential consequences could include removal from the bench by the state Supreme Court.
Ellen Berz, who was elected to her position in 2012, previously served as an assistant public defender. Her election campaign emphasized her opponent’s connections to former Republican Governor Scott Walker, who faced significant opposition in liberal Dane County due to policies that curtailed union rights. Berz was later appointed to the bench by Walker when her opponent chose not to complete his term following a defeat.
Source: Wisconsin State Journal
