MADISON, Wis. — The Wisconsin Judicial Commission has lodged a misconduct complaint against a judge from Dane County, alleging that she left the courtroom in an attempt to arrest a defendant who was hospitalized, and also engaged in a contentious exchange with another defendant involved in a child sexual assault case.
The complaint against Judge Ellen Berz was filed on Thursday, as reported by the Wisconsin State Journal. Following the filing, the Wisconsin Supreme Court on Friday directed Maxine White, the chief judge of the state appellate courts, to establish a judicial panel that will evaluate the complaint and suggest appropriate disciplinary actions for the justices to consider.
The complaint details an incident from December 2021, in which Berz was overseeing an operating-while-intoxicated case. The defendant failed to appear in court when the trial was scheduled to commence, prompting his attorney to inform Berz that he had been hospitalized.
In an effort to address the defendant’s absence, Berz directed a staff member to confirm his location, discovering he was in an emergency room in Sun Prairie. She attempted to order her bailiff to leave the courthouse to apprehend the defendant, but was informed that this was not permissible. Subsequently, she announced her intention to personally fetch the defendant, stating that any harm that befell her would be reported on the news.
Leaving the courtroom, Berz began driving towards the emergency room, with the defendant’s attorney accompanying her in the passenger seat. There was no prosecutor present with them during this outing. Ultimately, she turned back after being cautioned by the defense attorney that such actions were inappropriate for someone who was supposed to maintain impartiality in the case. Upon returning to court, Berz issued a warrant for the defendant’s arrest.
The complaint also alleges that in a separate child sexual assault case, Berz responded dismissively to a defendant’s request for a second trial postponement, suggesting he was “playing games” and should discuss “all the games you can play” with prison officials. When the defendant remarked on her sarcasm, she acknowledged it intentionally, affirming that she expected him to understand.
The judicial conduct allegations against Berz include breaches of state Supreme Court regulations that mandate judges to foster public confidence in their impartiality, to interact with all parties respectfully and courteously, and to fulfill their roles without bias.
It remains unclear whether Judge Berz has legal representation at this time. The complaint mentioned attorney Steven Caya, but did not clarify whose client he is, and he did not respond to a phone inquiry regarding the matter. On Friday, Berz’s judicial assistant indicated that the judge would refrain from making comments on the ongoing litigation and chose not to disclose her name.