Wisconsin regulators file suit against judge who left court to arrest hospitalized defendant

MADISON, Wis. (AP) — Wisconsin court regulators have filed a misconduct complaint against a Dane County judge who allegedly left court to try to arrest a hospitalized defendant and argued with a defendant in a case of sexual assault on a child.

The state Judicial Commission filed a complaint against Ellen Berz on Thursday, the Wisconsin State Journal reported. The state Supreme Court on Friday ordered Maxine White, chief judge of the state’s appellate courts, to establish a judicial panel to review the complaint and make disciplinary recommendations to the judges.

According to the complaint, Berz was presiding over a DUI case in December 2021. The defendant failed to appear in court on the day the trial was scheduled to begin. His lawyer told Berz that the accused had been admitted to the hospital.

Berz asked a staff member to investigate and learned he was at the Sun Prairie emergency room. The judge attempted to order his bailiff to leave the courthouse and go arrest him, but was told the bailiff could not leave, according to the complaint.

She then said she would pick up the defendant herself and that if anything happened to her people, she would be notified on the news, according to the complaint. She then left the court and began driving to the emergency room with the defendant’s attorney in the passenger seat, the complaint states. No prosecutor was present in the vehicle.

She ultimately turned around after the defense attorney warned her that going to the hospital was a bad idea because she was supposed to be the neutral decision-maker in the case, according to the complaint. She returned to court and issued a warrant for the accused’s arrest.

The complaint also alleges that she told a defendant in a child sexual assault case who had asked to delay his trial a second time that he was playing games and should “go to jail and tell them about all the games you can play.” “.

When defendant said his sarcasm was clear, she responded, “Good. I thought that would be the case. That’s why I’m telling you this way, because I thought you would understand this.

The complaint accuses Berz of violating state Supreme Court rules that require judges to act in a manner that promotes public confidence in judicial impartiality, treats those with whom they deal professionally with patience, dignity and courtesy and to exercise their functions without bias.

It was unclear whether Berz had an attorney. The complaint was addressed to attorney Steven Caya, but it does not specify who he represents and Caya did not respond to a telephone message The Associated Press left at his office Friday afternoon.

Berz’s judicial assistant said Friday that the judge would not comment on the ongoing litigation. The assistant refused to identify herself.