The Wisconsin Judicial Commission has filed a misconduct complaint against Dane County Judge Ellen Berz for allegedly leaving court to attempt to arrest a hospitalized defendant and for making inappropriate comments to a defendant in a child sexual assault case.
The complaint details an incident from December 2021 when Berz was presiding over an operating-while-intoxicated case. After the defendant failed to appear in court due to hospitalization, Berz reportedly attempted to send a bailiff to arrest him.
When this was not possible, she declared her intention to retrieve the defendant herself, leaving court with the defendant’s attorney.
She eventually reversed course after being advised against her actions.
In a separate incident, the complaint alleges Berz responded sarcastically to a defendant requesting a trial delay in a child sexual assault case, suggesting he should go to the prison and talk to them about all the games you can play.
The complaint claims Berz’s actions violated state Supreme Court rules regarding judicial impartiality and conduct. The state Supreme Court has assigned Chief Judge Maxine White to establish a panel to review the complaint and recommend disciplinary actions.
Judge Berz has not publicly commented on the allegations, and it is unclear whether she has legal representation.