Florida judge who oversaw Parkland shooter trial gave the appearance of favoring prosecutors, commission finds

By Dakin Andone and Rebekah Riess, CNN

(CNN) — A Florida commission that oversees the conduct of the state’s judges recommended a formal reprimand for the judge who oversaw the death penalty trial of the Parkland school shooter, writing her conduct at times made it appear she favored the prosecution.

Judge Elizabeth Scherer did not contest the findings and recommendations of the Florida Judicial Qualifications Commission and agreed to a reprimand, according to a stipulation filed with the state Supreme Court. The court has the final say about whether to reprimand the judge, Alexander Williams, general counsel for the commission, told CNN.

Tensions between Scherer and public defenders for the gunman were apparent throughout last year’s trial, with several fiery confrontations between her and members of the defense team. A notice of formal charges notes Scherer scolded and admonished the defense team and, after sentencing the shooter to life in prison without parole, hugged prosecutors and members of the victims’ families.

Scherer recognized “her conduct created the perception of a bias against one party,” the commission’s report said, adding that even the “appearance of bias tarnishes public confidence in the fairness and impartiality of the judiciary.”

The jury was tasked with deciding whether the shooter, Nikolas Cruz, should be sentenced to death for the shooting at Marjory Stoneman Douglas High School in February 2018, in which 17 people were killed and 17 others injured. But the jury declined to unanimously recommend the death penalty, resulting in a life sentence, angering many of the victims’ families.

Scherer announced in May that she would resign her position as Circuit Judge for the Seventeenth Judicial Circuit, effective June 30. Her resignation, the commission wrote in its report, was not a result of the investigation.

An attorney for Scherer declined a request for comment Tuesday afternoon.

Ultimately, the commission “substantiated some allegations” of inappropriate behavior on Scherer’s part, its report said, including that Scherer “unduly chastised” the defense team, “failed to curtail vitriolic statements” directed towards them, embraced members of the prosecution team and “wrongly accused” a defense attorney of threatening her children.

“Judge, I can assure you that if they were talking about your children, you would definitely notice it,” the defense attorney said, after members of the defense team asked her to address comments made about them and their own children.

Scherer told him he was “out of line,” accused him of threatening her children and ordered him to sit in the back of the courtroom – “effectively denying him the ability to represent his client,” the formal notice of charges said.

In sworn testimony before the commission’s investigative panel, Scherer admitted her conduct “at times fell short of the high standards of conduct expected of Florida judges,” the report said, “and she admitted that her treatment of members of the defense team was at times not patient, dignified, or courteous.”

“She admits that her conduct fell below what is reasonably expected of a trial judge and had the potential to damage the perception of the judiciary and our system of justice in ways that cannot be easily cured.”

In its report, the commission acknowledged the extraordinary circumstances of the trial, saying it “created stress and tensions for all participants.”

“However, regardless of the gravity of the accusations or level of attention given a matter, the Commission expects that a judge will ensure due process, order and decorum, and act always with dignity and respect to promote the integrity and impartiality of the judiciary.”

“In limited instances during this unique and lengthy case,” it added, “Judge Scherer allowed her emotions to overcome her judgment.”

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