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Thursday, November 03, 2022

JUDGE SCHERER - AND THE HUG/S .... THE CONTINUING SAGA OF THE NIKOLAS CRUZ TRIAL .......


THE CAPTAIN REPORTS:

THE HUG/S .......

QUERY: Is it proper for a Judge, once the trial is officially over, and court has been adjourned, to leave the bench and proceed to hug members of the prosecution team of lawyers?

Following the two days of Victim Impact Statements in the Nikolas Cruz trial on Tuesday and Wednesday, Judge Scherer proceeded to sentence Cruz to 34 counts of life in prison without the possibility of parole, all 34 counts to run consecutive to each other.  It has now been widely reported that, after Scherer adjourned court, she left the bench and proceeded to hug each and every one of the Assistant State Attorneys on the State’s team of prosecutors.

Below, Law & Crime, has video of “The HUG/S”.


After observing Judge Scherer’s conduct over the past two days and the way she treated elected Public Defender Gordon Weekes and the rest of the Cruz defense team, FACDL President Ernest Chang penned a letter to 17th Judicial Circuit Chief Judge Jack Tuter. That letter is printed below, in its entirety.

"The image of a judge relegating an elected public defender and his top assistant to sit in the corner like misbehaving children is offensive ....."

Hon. Jack Tuter
Chief Judge, Seventeenth Judicial Circuit
Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, Florida 33301
div07@17th.flcourts.org 

RE: Judge Elizabeth Scherer

Dear Chief Judge Tuter,

The Florida Association of Criminal Defense Lawyers is troubled and feels obligated, as representatives of the Criminal Defense Bar, to express dismay at the behavior of the Hon. Elizabeth Scherer. This letter addresses events which took place during sentencing proceedings for Nikolas Cruz on Tuesday, November 1st,2022. Judge Scherer’s hostile and demeaning treatment of defense counsel, one of whom is the elected Public Defender, exposed seemingly deep disdain for the role defense lawyers play in the criminal justice system. We also take the position that Judge Sherer’s hostility reveals a temperament ill-suited to the criminal bench. Judge Scherer’s comments and actions were not only offensive but were also ultimately detrimental to the integrity of the judiciary and the judicial system. 

We urge you to address this with Judge Scherer and take all appropriate steps to ensure she is not in a position to prejudice any other criminal cases. 

Surely you have seen the exchanges between Judge Scherer and elected Public Defender Gordon Weekes and his assistants. When Mr. Weekes rose to address comments by victims’ families made earlier in the day, Judge Scherer dismissed him. In fact, when he asked to be heard further, the court admitted she was“summarily dismissing” him. Judge Sherer’s comments were directed to an elected constitutional officer whose demeanor was respectful and calm. Mr. Weekes deserved better. 

Judge Scherer told both Mr. Weekes and chief assistant public defender David Wheeler to “go sit down”. She said this in the course of misrepresenting the arguments each had made. The image of a judge relegating an elected public defender and his top assistant to sit in the corner like misbehaving children is offensive and discounts their very vital and difficult role in this system.

The irony of Judge Sherer’s approach is that she became rude and animated in response to a straw man which she herself had established. The attorneys objected to what they perceived as threats to them and their families. They politely and plainly asked the court to prevent further“victim impact testimony” which included thinly veiled threats towards counsel. These thinly veiled threats were coming from the lectern in Judge Sherer’s courtroom. She was physically present and acknowledged the inappropriate comments. Judge Sherer suggested the thinly veiled threats simply be ignored. When Mr. Wheeler suggested that Judge Scherer would view the comments differently were they about her and her family, she turned that on its head and said the lawyer was threatening her children. Mr. Wheeler never did any such thing. 

All this occurred, not incidentally, after Mr. Weekes had asked to address the issue at sidebar rather than in full public view. The court refused that invitation before inflaming the rhetoric rather than maintaining Mr. Weekes civil and measured tone. 

Canon 1 of the Florida Code of Judicial Conduct declares that “An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary may be preserved.” 

Judge Scherer did not uphold the edict of Canon 1, and her behavior undermines public confidence in the integrity and independence of all judges. 

The Parkland sentencing was a dramatic and painful, yet critical, exhibition of our criminal justice system. Defense attorneys vigorously represented their client knowing how reprehensible his actions were and how appalling most people found him. To stand by those who all else would readily condemn is the test of not just a great defense lawyer, but also of the Constitution itself. 

Defense counsel provided a critical function of our system, necessary to maintain its integrity. The Court had an obligation to treat all litigants and counsel with the dignity their roles and humanity deserved. Judge Sherer failed in that obligation. Such failures by judges undermine, in the public eye, the entire criminal justice system.

Sincerely,

Ernest L. Chang  
Florida Association of Criminal Defense Lawyers, President


CAPTAIN OUT .......
Captain4Justice@gmail.com

19 comments:

Anonymous said...

PERFECTION. Brilliant letter. Please pass this on to the JQC.

Anonymous said...

We all choose the practice of law and what area of the law we wanted to be involved in. If one in a criminal practice whether defense or prosecution steps over the line and gets rebuked by the trial judge the woman/man should woman/man up and move on. Don't whine and cry over it, you made your choice. Not being a Judge, but if defense counsel had made a statement to me as he did to the court knowing the high interest in the case I would have later invited him outside the courthouse to resolve his comments. His comments to the Judge was unacceptable given Fl. Victims' Right's act. SAO5

Anonymous said...

She should be relegated to bond hearings.

Anonymous said...

Did she hug any of the public defenders?.

Anonymous said...

Stupid. She deserves the jqc complaint that will be coming. Reprimand for the hug, no more than that.

Anonymous said...

I disagree with this post. I abhor Scherer and have no respect for the entitled sourpuss. This case was among the most egregious crimes of all time. The defense [essentially] won. There’s an unfortunate cost in being a defense attorney, the disrespect and disdain goes with the territory. The PD achieved one of the biggest court wins of all time, ignore the rest

Anonymous said...

well said.

Anonymous said...

Called out by the FACDL for bias. Bias that we all lawyers know cost the state the death sentence. Independent citizens, sworn to an oath to do impartial justice, can get deeply offended by biased judges. Had this hack played it straight, the State would have won.

Anonymous said...

What a shit show but are we surprised? We all know that Broward is where young lawyers that don’t get hired by the Miami SAO and PD go to start their careers

Anonymous said...

Well said President Chang!

Anonymous said...

So who has the guts to file a complaint with the JQC? The PD? The FACDL? The NACDL?

Anonymous said...

SAO5? Nobody gives a fuck what you think.

Anonymous said...

This same letter applies to all 4 felony judges in the 5th Judicial Circuit, Marion County Florida. After OJ was acquitted in Miami road rage incident jurors asked for his autograph.

Anonymous said...

It's scenes like this and judicial behavior like this that adds to the negative perception of lawyers. For all the handwringing by the Florida Supreme Court about civility and improving our profession, it is most likely that nothing will be done by the JQC for this judge's conduct and behavior. This judge played to the cameras in the courtroom, which means she made this reality TV, not justice and the obligation be impartial and neutral. Shame on her and shame on the profession if its does nothing to admonish and rebuke her conduct.

Anonymous said...

11:19, no, but that may have more to do with whether the judge is fertile because she was talking about that too.

Anonymous said...

She probably already has a TV deal and therefore could care less about a JQC complaint. Only logical explanation for the sentencing hearing behavior. Only one person on the criminal side is going to profit from this tragedy (civil lawyers also did) and it is Scherer.

Anonymous said...

On one hand, horrible judge. On the other hand, smoking hot.

Anonymous said...

Why would she get a TV deal? She is tense, boring and not entertaining. Maybe as a train wreck type show where the judge fucking up the case is the hook.

Anonymous said...

Some producer will get her a stylist, coach and a gimmick tag line. You'll see.