On Monday, the Florida Supreme Court publicly reproached the judge who presided over the trial for Nikolas Cruz’s penalty at the Parkland School Shooting. The judge was found to have shown bias towards the prosecution.
The Judicial Qualifications Commission had recommended the unanimous decision in June. The panel found that Circuit judge Elizabeth Scherer had violated several rules of judicial conduct in the last year’s case by her treatment of Cruz’s public defense attorneys. After a six-month long trial, Cruz was sentenced to life imprisonment for the murders of 14 students at Marjory’s Stoneman Douglas and three staff in 2018. The jury couldn’t agree on a death penalty.
The 15-member panel found that Scherer had “unduly chastised”, lead public defender Melisa McNeil and her team. It also found that she wrongly accused an attorney for Cruz of threatening a child and inappropriately hugged members of the prosecution after the conclusion of the trial.
The commission of judges, attorneys and citizens acknowledged that the “global publicity surrounding this case created stress and anxiety for all participants.”
The commission stated that judges should “ensure due procedure, order, and decorum and always act with dignity and respect in order to promote the integrity, impartiality, and independence of the judiciary.”
Scherer retired last month. The 46-year old former prosecutor, who was appointed to the bench by the state in 2012, was a first-time capital murder defendant. The computerized system of Broward County randomly assigned Cruz’s case to her shortly after the shooting.
Parents and spouses of victims praised Scherer for her handling of the case, saying she was professional and kind. Legal observers have criticized her for clashing with Cruz’s lawyers and other parties.
Scherer hugged the families of victims and members of the prosecution after he sentenced Cruz, 24, to a life term without parole. She said she would also hug the defence team.
In April, the Supreme Court removed her from the post-conviction motions for Randy Tundidor. He was sentenced to die in 2019 for the murder of his landlord. The prosecutor in this case was also on the Cruz team. Scherer asked him how he felt a few weeks after Cruz’s sentencing.
The court found that Scherer’s actions at least gave the impression that she was not fair to Tundidor.