Dane County judge suspended over attempted arrest

(The Center Square) – A Dane County judge is getting suspended by the Wisconsin Supreme Court after it found Judge Ellen Berz violated the court system’s s ethical code.

“Judge Berz willfully violated certain provisions of the Code of Judicial Ethics; namely, Supreme Court Rules (SCRs) 60.02, 60.03(1), 60.04(1)(d), and 60.04(1)(e). In a Joint Stipulation, Judge Berz admitted the factual allegations of the complaint and agreed that she had violated the Code as alleged,” the high court said in its order.

The justices dinged Berz for two incidents.

The first was her overuse of sarcasm during a hearing in 2019. The justices say Berz unprofessionally antagonized a defendant who wanted to reschedule a hearing.

“I’m going to allow the reschedule,” the court quoted Berz as saying at the hearing. “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?“

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The other incident got much more attention.

Berz left her courtroom in 2021, and started to drive to a local hospital to personally arrest a suspect who skipped a court date.

“After obtaining Hodges’ location, Judge Berz directed the bailiff, who was responsible for the security of Judge Berz’s courtroom, to leave the courthouse in order to arrest Hodges. After learning this was not possible, Judge Berz told those present in her courtroom that she would retrieve Hodges from the hospital herself. Judge Berz also stated that, if something happened to her when she went to pick up Hodges, they would hear about it on the news,” the court wrote in its finding against Berz. “Judge Berz then drove from the Dane County Courthouse in her personal vehicle with Hodges’ attorney seated in the front passenger seat.”

She turned around before getting to the hospital, but was not happy the court noted.

The Supreme Court’s ruling against Berz will cost her a week’ s worth of pay.

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