Judge suspended for trying to arrest defendant at hospital
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Dane County, Wisconsin, Judge Ellen K. Berz (WKOW).

The Wisconsin Supreme Court has sanctioned a judge for joining a defense attorney on a trip to arrest his client at a hospital because the client failed to attend court.

Along with this unfortunate venture, Dane County Judge Ellen K. Berz made comments to another defendant in a different case that the justices considered “intemperate and discourteous.” As a result of these actions, Berz faced a seven-day suspension, as outlined in the Wisconsin Judicial Commission’s filing.

The 11-page order explains that Berz was overseeing a trial on Dec. 13, 2021, concerning a defendant charged with operating while intoxicated. The individual had missed the court appearance due to being hospitalized.

More from Law&Crime: ‘Wear a condom at all times’: Judge suspended for quips about defendant fathering children by different women, other ‘G-rated dad jokes’

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.

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