The Florida judge who presided over the Parkland school shooter’s sentencing trial is under fire for her conduct during the highly publicized case. Circuit Court Judge Elizabeth Scherer, who oversaw the six-month trial of Nikolas Cruz, has been accused of bias towards the prosecution and unprofessional behavior.
Cruz was sentenced to life in prison for the February 14, 2018, massacre at Marjorie Stoneman Douglas High School, where he killed 17 people and injured 17 others. Despite prosecutors seeking the death penalty, the jury failed to reach a unanimous decision.
Months after the sentencing, the Judicial Qualifications Commission (JQC) released a report alleging that Judge Scherer “engaged in inappropriate behavior while presiding over the penalty phase and sentencing proceedings by showing bias in favor of the prosecution.” The report further stated that “in limited instances during this unique and lengthy case, Judge Scherer allowed her emotions to overcome her judgment.”
The JQC highlighted numerous instances throughout the trial where Judge Scherer’s “treatment of members of the defense team was at times not patient, dignified, or courteous.”
One particular incident cited by the commission involved a heated exchange between Scherer and chief assistant public defender David Wheeler. Scherer wrongly accused Wheeler of threatening her children and unjustly dismissed him from the courtroom. The tense back-and-forth, which also involved Broward County chief assistant public defender Gordon Weeks, revealed Scherer yelling at the defense attorneys.
Judge Elizabeth Scherer presides over the sentencing trial of Parkland school shooter Nikolas Cruz
The 15-member commission, composed of judges, lawyers, and citizens, also criticized Scherer’s treatment of lead public defender Melissa McNeill, claiming McNeill was “unduly chastised.” The report documented multiple clashes between Scherer and McNeill, including disagreements regarding witness testimony and courtroom procedures.
Furthermore, the commission drew attention to Judge Scherer’s actions following the conclusion of the penalty phase, where she was captured on camera embracing members of the prosecution team. While Scherer claimed she offered a hug to the defense counsel as well, the JQC emphasized that her behavior was inappropriate.
The JQC’s findings led to a determination that Judge Scherer should be disqualified from post-conviction proceedings in another death penalty case, citing her conduct during the Parkland trial. The report acknowledged the immense pressure and scrutiny surrounding the case but maintained the expectation that judges uphold due process, decorum, and impartiality.
The commission’s report has been submitted to the Florida Supreme Court, which will ultimately determine whether Judge Scherer faces any disciplinary action, such as a public reprimand. Prior to the report’s release, Scherer announced her decision to retire from the bench on June 30th.
