The Wisconsin Supreme Court has suspended Dane County Judge Ellen K. Berz for seven days after she attempted to personally arrest a defendant at a hospital and made inappropriate remarks during another trial.
What Happened?
On December 13, 2021, Judge Berz was presiding over a case involving a defendant charged with operating while intoxicated. The defendant missed court because he was admitted to a hospital.
Instead of issuing a bench warrant or delaying the trial, Judge Berz ordered her staff to find out which hospital the defendant was at. When the bailiff was not allowed to leave the courthouse, Berz decided to go to the hospital herself to make the arrest.
She instructed the defense attorney to come with her but told him not to inform the defendant. Before leaving, Berz told the court, “if something happened to me, they would hear about it on the news.” However, the attorney convinced her the trip was a bad idea since judges should be neutral, and she turned back.
Other Misconduct
The suspension also relates to a 2019 case where Judge Berz expressed anger at a defendant’s request to delay a trial by six months. During the hearing, she called the delay a “ruse” and warned the defendant she would not forget it when sentencing him. The judge’s tone was described as sarcastic and discourteous.
The defendant, Richard Harrison, was convicted and sentenced to 25 years in prison.
Court’s Ruling
The Wisconsin Supreme Court described Berz’s behavior as “serious misconduct” and “judicial intemperance.” They emphasized that judges must maintain fairness, calmness, and respect, even in difficult situations.
The court found the hospital arrest attempt especially troubling, stating it showed a complete loss of judicial composure.
Suspension Details
Judge Berz’s seven-day suspension will begin on June 26, serving as a warning that such impulsive actions damage public trust in the justice system.
