The Florida judge who oversaw the Parkland shooter’s capital murder trial last November has received a public reprimand from her state’s highest court for improper conduct, including showing bias against the defense throughout the trial.
In a formal notice on Monday, the Florida Supreme Court said it has approved a disciplinary commission’s recommendation that Judge Elizabeth Scherer be reprimanded for her actions that “gave the appearance of partiality to the prosecution,” including clashing with public defenders during the trial and embracing prosecutors on the case in the courtroom after the trial’s conclusion.
Judge Scherer, who served as a prosecutor before she was appointed to the bench in 2012, sentenced Nikolas Cruz to life in prison without parole for the February 2018 murder of 14 students and three staff members at Marjory Stoneman Douglas High School in Parkland, Florida. She had no choice but to hand down the sentence after the jury voted 9–3 in favor of death, as state law requires a unanimous vote to impose the death penalty.
In June, about seven months after the trial’s conclusion, Florida’s Judicial Qualifications Commission recommended a public reprimand for Judge Scherer, saying that she allowed “her emotions to overcome her judgment.”
The 15-member commission, consisting of judges, lawyers, and citizens, wrote in a formal notice of charges to the judge that they unanimously found that she violated the state’s judicial conduct rules several times in one of the nation’s most highly publicized trials.
“You chastised defense counsel for the time and manner with which counsel announced the conclusion of the defense mitigation presentation,” the commissioners wrote, referring to one of Judge Scherer’s heated arguments with lead public defender Melisa McNeill.
At one point of the trial, Ms. McNeill’s team abruptly rested their case after calling only 25 of their 80 expected witnesses, prompting a furious Judge Scherer to accuse the defense of wasting the jury’s time “as if it is some kind of game.” The exchange then degenerated into a shouting match when Ms. McNeill responded, “You are insulting me on the record in front of my client.”
“You’ve been insulting me the entire trial,” Judge Scherer yelled at Ms. McNeill from the bench. “Arguing with me, storming out, coming late intentionally if you don’t like my rulings. So, quite frankly, this has been long overdue. So please be seated.”
The notice also included another episode, in which Judge Scherer claimed that a defense lawyer was threatening her children and shamed him by sending him to the back of the courtroom.
“A member of the defense team stated, ‘Judge, I can assure you that if they were talking about your children, you would definitely notice.’ You responded by accusing him of trying to threaten your children,” the notice read. “You told him he violated ‘about every rule of professional responsibility’ and ordered that he leave the defense table and sit in the back of the courtroom effectively denying him the ability to represent his client.”
The commissioners also took issue with the judge’s apparent failure to tell victims’ families to “curtail vitriolic comments” directed at defense lawyers, and most controversially, her hugs with prosecutors after the sentencing while still wearing the robe.
“At the conclusion of the sentencing hearing, you stepped down from the bench in your judicial robe and embraced members of the prosecution team. You also embraced victims and family members of the victims,” the panel wrote.
“The Commission is mindful that the Cruz proceedings were emotional and highly contentious,” the notice read. “The worldwide publicity surrounding the case created stress and tension for all participants. However, regardless of the gravity of the accusations or level of attention given a matter, the Commission expects that judge will ensure due process, order and decorum, and 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, Judge Scherer allowed her emotions to overcome her judgment.”
Judge Scherer didn’t contest the panel’s finding, saying in a stipulation that she “accepts and agrees to a public reprimand.” She retired from the bench on June 30, which the commission has clarified as not being part of any deal.
A group of family members of the Parkland shooting victims disagreed with the interpretation of the hug by Judge Scherer’s critics, arguing that it was a gesture of compassion that didn’t constitute any misconduct.
“Once court had concluded and the murderer had been led from the room, the judge acquiesced to our request to speak with her,” they wrote in a November 2022 letter to Broward County Chief Judge Jack Tuter. “We wanted to thank her. She showed compassion by stepping down from the bench to personally share her condolences for the loss of our loved ones, an act that touched our hearts.”
“Among our group were the prosecuting attorneys, whom we have to deeply respect,” they continued. “Two of them are retiring and was their last day in court. We believe that judge Scherer shares our respect for the retiring attorneys, not only for their conduct during the trial but also for their decades of service.”
