The commission found that her conduct during the trial seemed to favor the prosecution, and Judge Scherer has agreed to the reprimand without contesting the findings.
Judge Elizabeth Scherer, who presided over the death penalty trial of the Parkland school shooter in Florida, has been recommended for a formal reprimand by the state’s judicial oversight commission
Tensions between Judge Scherer and the defense team representing the Parkland shooter were evident throughout the trial, with several confrontations occurring. The commission’s report highlighted instances where the judge scolded and admonished the defense team, hugged prosecutors and victims’ families after sentencing the shooter to life in prison without parole, and acknowledged that her behavior created the perception of bias against one party. The report emphasized that even the appearance of bias undermines public confidence in the fairness and impartiality of the judiciary.
The trial involved determining whether the shooter, Nikolas Cruz, should receive the death penalty for the tragic shooting at Marjory Stoneman Douglas High School in 2018, which claimed the lives of 17 individuals and injured 17 others. However, the jury did not unanimously recommend the death penalty, resulting in a life sentence for Cruz and causing frustration among the victims’ families.
Judge Scherer had already announced her resignation from her position as Circuit Judge for the Seventeenth Judicial Circuit in May
The report stated that the commission substantiated some allegations of inappropriate behavior by Judge Scherer, including chastising the defense team excessively, failing to control vitriolic statements directed at them, embracing members of the prosecution team, and wrongly accusing a defense attorney of threatening her children.
During testimony before the investigative panel, Judge Scherer admitted that her conduct fell short of the expected standards of behavior for Florida judges and acknowledged that she had not always treated the defense team with patience, dignity, or courtesy. The commission recognized the exceptional circumstances and stress of the trial but emphasized that judges must ensure due process, order, and decorum, and always act with dignity and respect to maintain the integrity and impartiality of the judiciary.
The commission’s conclusion highlighted that Judge Scherer’s emotions sometimes overcame her judgment during the unique and protracted case. The final decision on the reprimand rests with the state Supreme Court.
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