Broward Circuit Judge Elizabeth Scherer, whose handling of the Marjory Stoneman Douglas mass shooting trial drew praise from colleagues and the victims’ families as well as unsparing scrutiny from defense lawyers and legal observers, is resigning from the bench.
Scherer, 46, submitted her letter of resignation to Gov. Ron DeSantis on Wednesday, offering no explanation about why she’s stepping down or what she plans to do next. Her resignation takes effect June 30.
“I have a lot of interesting offers,” she said in a telephone interview Wednesday. “Some are practicing law, some are not. I don’t know right now.”
The resignation was widely expected, with the judge making multiple veiled comments from the bench over the last six months hinting that she won’t be around much longer.
She was re-elected without opposition in 2020 to a six-year term. The governor will select her replacement.
“Judge Scherer approached me last year to advise she would soon be leaving the bench,” said Broward Chief Administrative Judge Jack Tuter. “During her service, Judge Scherer handled one of the most challenging cases in Broward County’s history. She did so in a professional and dignified manner. On behalf of the 17th Circuit, we wish Judge Scherer good health and prosperity in her future endeavors.”
While she was appointed to the bench in 2012 by then-Gov. Rick Scott, Scherer mostly avoided the spotlight until 2018, when she was randomly selected to preside over the criminal case against Nikolas Cruz, who murdered 17 students and staff on Feb. 14, 2018, at Marjory Stoneman Douglas High School in Parkland and wounded 17 more.
The case was destined for a judge who had never tried a death penalty case before. Of the judges presiding over criminal court, only two had that experience, and both were retiring at the end of 2018. Had the case not gone to Scherer, it would have gone to another judge who had never tried a death case.
In the months after the case landed on her docket, Scherer clashed with the school district and the Broward Sheriff’s Office about the release of public records, with the defense and prosecutors about the admissibility of evidence, and with the media about publishing information that was accidentally released to the public.
Throughout the trial, every decision she made was second-guessed in real time, with jury selection, testimony and arguments livestreamed for an audience quick to find fault whether it was warranted or not. Scherer maintained her composure most of the time, though she did raise eyebrows with an outburst after the defense unexpectedly rested its case.
When the case was over and Cruz was sentenced to life in prison last November, Scherer stepped down from the bench and embraced the prosecutors and others in the courtroom, a gesture that prompted the Florida Supreme Court to remove her from an unrelated death penalty case earlier this year.
Lawyers had mixed feelings about Scherer, with some calling her “testy” and others praising her professionalism.
“She was smart and professional and did everything above board,” said defense lawyer Fred Haddad, who defended a murder suspect Scherer prosecuted in 2007.
H. Dohn Williams, another former courtroom adversary, agreed. “I always thought she was sharp and level-headed, very fair and very ethical,” he said.
“There’s certainly plenty of legitimate criticism that can be leveled at Judge Scherer for her handling of the Parkland trial,” said attorney Bill Gelin, whose courthouse gossip site JAABlog has been rife with speculation predicting Scherer’s resignation. “As far as a lot of lawyers feel, that was just the tip of the iceberg. Temperament, attendance and punctuality problems had been ongoing concerns for years before the biggest trial in Broward County history.”
Scherer was a prosecutor with the Broward State Attorney’s Office, and had tried two homicide cases, before she was tapped by Scott to replace Judge David Krathen, who resigned in 2012. As a judge, Scherer presided over five homicide trials, but none were death penalty cases.
Death penalty cases are the most heavily scrutinized cases in law, and Scherer’s decisions would have been placed under a microscope if Cruz had been sentenced to death. Seasoned judges with vast experience get overturned regularly. In the Cruz case, the jury’s decision to spare his life also spared appellate courts of any need to second-guess the judge.
After a judge resigns, the Judicial Nominating Commission interviews candidates who are interested in the position. The commission then sends a list of names to the governor for consideration.
A year before Scherer was appointed, her father, William Scherer, resigned from that commission to avoid a conflict of interest because he knew his daughter was interested in becoming a judge. “I’m sure nothing would make my father happier than for me to work with him professionally in some capacity,” Scherer said. She hasn’t ruled it out.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Twitter @rolmeda.
