If you’ve spent any time following the legal drama in Madison, you’ve likely heard the name Ellen Berz. She isn't just another face on the bench in Branch 11. Honestly, she’s become one of the most talked-about figures in the Wisconsin judicial system, and not always for the reasons a judge might prefer.
From her days as a hard-charging public defender to her recent, high-profile suspension by the Wisconsin Supreme Court, her career is a wild study in the thin line between judicial passion and ethical boundaries. People have strong opinions about her. Some see a judge who is deeply committed to the community—specifically through her work with the Veterans Court—while others point to a track record of what they call "judicial leniency" or even "impulsiveness."
The Hospital Trip That Shocked the Legal World
Let’s talk about the incident that basically everyone in the legal community was whispering about for months. It happened in December 2021. Ellen Berz Dane County judge was presiding over a trial for a defendant named Noah Hodges.
The guy didn't show up.
His lawyer told the court that Hodges was in the hospital. Now, usually, a judge would just issue a bench warrant and call it a day. But Berz? She took a different route. After finding out the defendant was at an emergency room in Sun Prairie, she actually told her bailiff to go arrest him. When the bailiff (rightly) said they couldn't leave the courthouse, Berz decided she’d do it herself.
She actually got into her car.
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She even had the defense attorney in the passenger seat! It sounds like something out of a TV procedural, but it was very real. She reportedly told the courtroom that if something happened to her on the way, they’d hear about it on the news. Eventually, the defense attorney convinced her that being a "neutral decision-maker" and a "bounty hunter" are two very different jobs, and she turned the car around.
The Supreme Court Steps In
In May 2025, the Wisconsin Supreme Court handed down a seven-day suspension without pay for Judge Berz. This wasn't just because of the hospital "arrest" attempt. It was also about a 2019 case where she was caught using what the court called "sarcastic" and "biased" language toward a defendant in a child sexual assault case.
The court’s message was pretty clear:
- Judges must remain patient and dignified.
- Extrajudicial actions (like playing police officer) erode public trust.
- Impartiality isn't optional, even when you're frustrated.
A Career Built on the Defense Side
To understand why Berz operates the way she does, you have to look at where she came from. She’s a 1983 graduate of the University of Wisconsin Law School. Before she was wearing the black robe, she spent decades in the trenches as a public defender in Baraboo.
She wasn't just any lawyer, either. She was the Director of the Trial Division for the Wisconsin State Public Defender's Office. She even served as a representative to former U.S. Attorney General Janet Reno. That’s high-level stuff. When she was elected to the bench in 2012, she brought that "defense-first" perspective with her.
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In Madison, that’s been a bit of a double-edged sword. On one hand, she’s been a champion for alternative justice. She runs the Dane County Veterans Court, which is widely respected for helping former service members navigate the system without just throwing them in a cell.
On the other hand, critics like the MacIver Institute have blasted her for what they call "coddling criminals." There was a big blow-up over a case involving Eric Morgan, where Berz gave a defendant three years' probation for a crime that carried a huge potential prison sentence. When that same individual was later involved in a fatal shooting of a police officer, the backlash against Berz was intense.
What Most People Get Wrong About Judicial Misconduct
When people see a headline about a judge being suspended, they often think it’s the end of their career. But Ellen Berz was actually re-elected in 2024. She won with 99% of the vote (though she was running unopposed).
Her current term doesn't end until August 1, 2030.
The legal community is split. There are those who argue her "impulsiveness" is actually a symptom of a judge who cares too much about the efficiency of her courtroom. They say she was just tired of the "games" defendants play to delay trials. But the Judicial Commission didn't see it that way. They saw a pattern of failing to treat people with "patience, dignity, and courtesy."
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Life in Branch 11
Today, Berz is still a major player in the Dane County Circuit Court. As of late 2025 and heading into 2026, she handles a significant portion of the criminal draw—about 12.5% of the cases in the division.
She’s also a founding member of things like "Justice Without Borders" and has taught at the UW Law School. She’s deep in the fabric of Wisconsin law. You can't just write her off as a "controversial judge" because she’s also a highly educated expert who attended the Kennedy School at Harvard for senior executives.
The Reality of Being a Judge in 2026
The case of Ellen Berz Dane County judge highlights a bigger issue: how much "personality" do we want in our judges?
We want them to be human, sure. But we also want them to be robots of logic. When Berz told a defendant to "go to the prison and talk to them about all the games you can play," she was expressing a frustration that many people feel. But when you're the one holding the gavel, that frustration has to stay bottled up.
The 2025 suspension was a rare move. The Wisconsin Supreme Court doesn't just hand those out for a bad mood. It was a formal "check" on a judicial style that had crossed the line from "passionate" to "prejudicial."
How to Navigate the Legal System in Dane County
If you find yourself in front of a judge like Ellen Berz—or any judge in the 5th Judicial District—there are a few things you should keep in mind to protect your rights:
- Understand the Ethics: You have a right to a judge who is impartial. If a judge displays clear bias or engages in extrajudicial behavior (like investigating the case themselves), your attorney can file a motion for recusal.
- Professionalism Matters: The courtroom is a formal environment. Even if the judge gets sarcastic or frustrated, your best defense is remaining calm and letting your counsel handle the "fireworks."
- Research the Bench: Every judge has a "philosophy." Some, like Berz, are more focused on rehabilitation and treatment courts. Others are "law and order" traditionalists. Knowing which one you’re facing helps your lawyer tailor their arguments.
- Watch the Record: Everything said in a courtroom is recorded. In the cases involving Berz, it was the transcripts of her own words that led to her suspension. Always ensure your attorney is making a clean record for potential appeals.
The saga of Judge Berz is far from over. With a term lasting until 2030, she will continue to shape the lives of thousands in Madison. Whether she’s remembered for her dedication to veterans or her drive to the Sun Prairie ER is a story that’s still being written.