NARRATOR: Now to the Moore Justice Center
in Brevard County, Florida--
Two charges of assault and resisting.
You have the--
NARRATOR: --where public defender Andrew Winestock
and his client are appearing before Judge John
Murphy, whose voice you hear.
NARRATOR: Judge Murphy wants the defendant
to waive his right to a speedy trial
because the court schedule's backed up.
Winestock isn't budging, and tensions are mounting.
I said sit down.
NARRATOR: They both head to the hallway
behind the courtroom just out of the view
of the court's cameras.
NARRATOR: Believe it or not--
NARRATOR: --they get into a physical altercation
until Judge Murphy returns to the courtroom alone.
Thank you.
[applause]
NARRATOR: Once Judge Murphy catches his breath,
he continues with the rest of the hearings
without Winestock present.
Your choices, considering there's probably
going to be a changeover in personnel,
are setting it for trial June 9, or
if you were wanting to waive speedy,
we would set it for July 15.
I would like to get it done as fast as possible.
That doesn't help me.
NARRATOR: The incident's investigated by the Florida
Judicial Qualifications Commission, who charged Judge
John Murphy with threatening to commit violence
against an assistant public defender,
engaging in a physical altercation with counsel,
and resuming his docket while defendants
were without counsel.
The case eventually reaches the Florida Supreme Court, which
orders the immediate suspension and permanent removal
of Judge Murphy from his post.
Andrew Winestock later resigns from the public defender's
office.
Oh my god.
[bleep] take me home.
NARRATOR: We now go to Brimfield Township, Ohio,
where County Judge Rebecca Doherty isn't
presiding over her courtroom.
She's making demands at the local police station.
OFFICER: Do me a favor and have a seat so we can do our job.
OFFICER: I'm not going to call anybody yet, OK?
We have stuff we have to do.
I'm going to tell you now to call Lieutenant Limbert now.
OFFICER: Have a seat--
Call him now.
OFFICER: --or I'm going to put you in the cell.
NARRATOR: So why is this judge so aggravated?
Let's go back earlier in the night.
OFFICER: Hello?
NARRATOR: An officer's body camera
records as he approaches an SUV that's crashed off the side
of a snow covered road.
OFFICER: Are you OK?
OFFICER: What's going on?
Ma'am, you've got vomit down here in your door.
OFFICER: Have you been drinking?
OFFICER: OK, do you have your ID handy?
I do.
OFFICER: You're a judge?
NARRATOR: To be more specific, she
is the county's common pleas court judge,
55-year-old Rebecca Doherty.
Kidding me?
OFFICER: Am I about what?
I am absolutely out of my mind with--
OFFICER: You're intoxicated.
You--
I am so intoxicated.
NARRATOR: The officer's body cam continues
to record as the judge is escorted into booking.
Oh my god.
[bleep] take me home.
OK. OFFICER: Have a seat.
Let me call Limbert.
OFFICER: Have a seat.
No.
OFFICER: Rebecca, listen.
This whole thing is being recorded.
Do not do something you are going to regret tomorrow.
Just call Larry Limbert.
NARRATOR: Larry Limbert is actually Major Larry Limbert
of the county sheriff's office.
OFFICER: Do me a favor and have a seat so we can do our job.
Call Larry Limbert.
OFFICER: I'm not going to call anybody yet, OK?
We have stuff we have to do.
Will you please have a seat?
You're trying to walk out the door,
and you're almost falling down.
Can you please--
I'm not falling down.
OFFICER: Have a seat.
Call Larry Limbert.
OFFICER: Rebecca, I will put you in one of the cells
if you do not--
OK, call Larry Limbert now.
OFFICER: Have a seat.
Call him now.
NARRATOR: And that's not the judge's only request.
OFFICER: What can I do for you?
Drink. OFFICER: OK.
Water.
OFFICER: We just literally told you 10 seconds ago that we're
getting you a drink of water.
He's out front right now getting you the glass.
Hm.
Not 10 seconds ago.
I want drink of water now.
Thank you.
Call Larry Limbert.
OFFICER: I tried.
Here you go, ma'am.
OFFICER: He didn't answer.
Really?
OFFICER: Do you want the water?
Yeah, I do.
OFFICER: OK.
Larry Limbert.
OFFICER: OK.
Larry Limbert.
Thank you.
NARRATOR: After refusing to take a breathalyzer,
Judge Doherty is charged with operating a vehicle while
under the influence of alcohol.
Give me my phone so I can make a phone call.
OFFICER: OK.
Your phone is in a puddle of vomit
in your car, which is on the side--
I get it. OFFICER: Can I finish?
Absolutely.
OFFICER: Which is on the side of the road that you crashed into.
Yes, absolutely.
OFFICER: The tow company is out there trying to get it out.
However, it is extremely snowy and slippery out.
I totally get it.
OFFICER: They are not able to get the vehicle out so far.
Totally.
OFFICER: So your phone is off the table right now.
We don't have access to it.
Mm-hmm.
NARRATOR: Judge Doherty receives a fine of $1,075 and 180 days
in jail, which the presiding judge reduces
to $375 and three days in jail.
Her driver's license is suspended for a year,
and she's ordered to complete a driver's intervention program.
Next, we head to Cleveland's Municipal Court,
where Judge Pinky Carr's presiding.
It's March 17, 2020.
The country's in the early stages
of the COVID-19 pandemic.
The person is not here, as I've noted all week.
Corona, day three.
NARRATOR: Because of health risks,
Cleveland's Administrative Court has issued an order
that all hearings for defendants who are not in jail
have been postponed.
So why is Judge Carr's courtroom still open for all business?
Docket number 31, bond is set at $2,500.
NARRATOR: It's a question on the mind of Assistant
Public Defender Mark Jablonski.
Is the court having a docket tomorrow?
Oh, yeah.
Nothing stopped for me.
My cases go on.
Does that apply to jails only?
No, anyone that shows up.
Not everybody watches the news.
I actually had people yesterday.
I had people today.
Yeah, I'm not going to do that to people.
NARRATOR: The judge's statement contradicts
the administrative order regarding COVID-19,
and Jablonski wants an explanation.
If we are able to get a hold of any of our clients
that are scheduled for tomorrow who are not
in jail, can we tell them that--
No.
Uh-uh.
So the court's administrative order regarding--
I'm here.
If people show up, I'm here.
So, no, don't call people and tell them not to show up.
If they show up, I'm here.
NARRATOR: But this judge isn't just
allowing people to show up.
She's punishing those who don't.
In the preceding days, she'd issued
several arrest warrants, which in court terminology
is known as a capias.
Capias.
Bond is set at $5,000.
Officer present.
No defendant.
Capias will be issued.
NARRATOR: Continuing his exchange regarding the order,
Jablonski asked the judge about her position one last time.
I, for the third time--
I will be here.
If people show up, I am here.
MARK JABLONSKI: Thank you, Judge.
OK, thank you.
OK.
NARRATOR: Minutes later after seven OKs,
Jablonski exits the courtroom, but Judge Carr, still
apparently baffled by the attorney's question
about postponing his client's hearings,
discusses it with her staff.
NARRATOR: But soon after when the local media
hears about the arrest warrants, the judge denies it.
If people came to court and they
were willing to risk their health,
I figured I would return the favor.
As far as issuing warrants for their arrest,
absolutely untrue.
NARRATOR: But when the video showing
the opposite becomes public--
Capias.
Bond is set at $10,000.
Capias.
Bond is set at $5,000.
You know what?
I'll just put a straight capias on him.
NARRATOR: --The Ohio Supreme Court orders Judge Carr
to temporarily stop presiding on all criminal or traffic cases,
and an investigation by the Ohio Board of Professional Conduct
is launched.
Carr faces sanctions, which could range from a warning
to full disbarment.
Now to the Seminole County Circuit Court
in Sanford, Florida.
It's 6:30 PM, and a long one-day trial has come to an end.
We, the jury, find the defendant guilty of driving
under the influence.
NARRATOR: That defendant is 46-year-old Licette Gonzalez.
Although a verdict for Gonzalez's DUI charge
has already been reached, her attorney makes a final plea
to Judge Fred Schott.
Your Honor, there's not enough evidence presented for the jury
to find the verdict that they did.
They didn't do all the field sobriety examination
that should have been done.
NARRATOR: During the trial, it was revealed that Gonzalez was
never given a breathalyzer or had her blood drawn,
yet arresting officer Michael Wagner
recorded that she tested above the legal limit of 0.08
in his official report.
Wagner claimed it was an honest mistake,
but observed what he believed to be intoxication.
I respectfully ask that this court grant the judgment
notwithstanding [inaudible].
NARRATOR: The attorney's asking the judge
to use his power to overturn the jury's verdict
and acquit the defendant.
It's a move rarely seen in the courtroom.
All right.
This isn't a purely circumstantial case,
and so I'm going to deny the motion for JOA.
NARRATOR: It looks like the case is closed,
but Judge Schott has other business with Gonzalez.
FRED SCHOTT: Now we have this other case for driving
while license suspended.
NARRATOR: Two months after her DUI arrest,
Gonzalez was ticketed for driving
with a suspended license.
Problem is the only reason her license was suspended
was because of the inaccurate paperwork
filed by Officer Wagner.
I want to be enlightened.
It was a mistake, admittedly, by Michael Wagner--
FRED SCHOTT: I know.
--who testified of that today.
He caused her to have her driver's
license suspended for at least a few months for nothing.
So are you going to nolle pros that case,
or am I going to get mad at you today?
NARRATOR: The judge is addressing
Prosecutor Diana Mears.
Perhaps you can get mad at me, Your Honor, but at this point--
Why wouldn't you-- wait a minute.
Do you hear the uncontroverted testimony of this officer?
Your Honor--
Then I want you to take him up on perjury.
DIANA MEARS: Your Honor.
Will you take him up for perjury?
He admitted it was a mistake, Your Honor.
No, but he lied.
He lied on a sworn citation.
Absolutely not, Your Honor, and that is not true.
FRED SCHOTT: I'm dismissing.
DIANA MEARS: The state's position--
I'm dismissing.
I am--
You cannot [inaudible] or dismiss without--
FRED SCHOTT: I am dismissing.
I am dismissing this charge.
[inaudible] code without us to be able to respond to.
FRED SCHOTT: No, I'm dismissing the charge.
NARRATOR: The judge has just dismissed
the defendant's upcoming case, but he's not done yet.
This whole case was fishy.
DIANA MEARS: Driver's license in the state of Florida--
And I had no idea how they--
you know what?
DIANA MEARS: --to keep their address on file.
You know what?
DIANA MEARS: The state attends to amend--
I'm granting.
DIANA MEARS: --and proceed--
I am--
I'm rescinding the sentence.
I'm granting the JOA.
NARRATOR: Judge Schott has just reversed his decision
and acquitted the defendant on the spot.
So you're granting it because you
don't agree with the state's decision on the charge.
I'm granting the JOA in fairness.
In fairness because you don't like the state's decision
today, Your Honor, on the case.
No, you don't--
now that I consider what Officer Wagner testified to
and how many times he basically tripped
over himself just to arrest this lady
with no real probable cause.
You're done.
Motion JOA is granted.
And you're not going to provide
a written order on that?
Nope, if you want to appeal me, appeal me.
Thank you, Your Honor.
DIANA MEARS: Thank you for letting
us know that, Your Honor.
NARRATOR: The defendant, Licette Gonzalez,
walks out of the courtroom free of all charges.
We're in Vancouver, Washington, where
a 16-year-old is in juvenile court
after violating his probation.
He's joined by his mother.
Next to them is the court clerk, but noticeably
absent is his attorney.
As Judge John Wulle inquires about the lawyer's whereabouts,
the teen addresses the court.
I would like to fight for myself
and not have an attorney.
NARRATOR: It appears this young defendant wants to play Perry
Mason, but Judge Wulle doesn't necessarily
think that's a good idea.
Oh, that's not a smart play.
That's like going out on to the field with the New
York Yankees, and you've never even
learned how to play baseball.
That's fine.
I'm not going to do that.
You're going to have an attorney assist you in this matter.
I'm not going to let him fly solo and walk
into a court of law and try to practice
law when he hasn't even--
But it's just [inaudible].
I just wanted to say I'm guilty [inaudible]..
We're sending it over to Tuesday.
NARRATOR: What Judge Wulle doesn't clarify
is that he believes a juvenile can't legally plead guilty
without an attorney present.
JOHN WULLE: I'm not going to accept
your admission at this time.
So put it on for Tuesday for either admit or deny
or for whether or not there'll be
a replacement of the attorney.
NARRATOR: So far, it looks like Judge Wulle's doing everything
in his power to help this defendant,
but when the team continues to question him--
NARRATOR: --the judge loses his temper.
Look, I'm doing my job, sir.
My job requires that I protect your constitutional rights,
you, as an American citizen.
That's my charge.
And if you're too stupid to know that what I'm trying to do
is protect you, then let me spell it out for you.
So step one is I bring the case back with an attorney,
and then we talk.
NARRATOR: Notice as the court clerk tries to signal
to the teen to be quiet.
JOHN WULLE: Because I'm doing my job, sir.
NARRATOR: Then score some brownie points with the boss
by backing him up.
And our State Supreme Court has backed you up on that.
JOHN WULLE: They have.
And I'm sure the US Supreme would too.
NARRATOR: And listen carefully as mom
expresses her dissatisfaction with the judge's
choice of words.
State Supreme Court has backed you up on that.
JOHN WULLE: They have.
Am I'm sure the US Supreme would too.
OK, you're going to take this, and you're
going to have a seat.
You're going to be back in court--
NARRATOR: Perhaps sensing the mood shift in the courtroom,
Judge Wulle offers an apology.
And my apologies to everyone in this courtroom.
I very rarely lose my temper.
NARRATOR: If you want to call it that.
But when I do, it's usually for someone
who's too stupid to recognize that I'm trying to help them.
NARRATOR: There are just a few issues with Judge
Wulle's backhanded apology.
One, he's just doubled down on calling the defendant stupid.
It's usually for someone who's too stupid to recognize
that I'm trying to help them.
NARRATOR: And two--
I very rarely lose my temper.
NARRATOR: Problem is that's not entirely true.
Over a two-and-a-half-year period,
Judge Wulle was cited for four separate incidents
by the Washington State Commission on Judicial Conduct
for quote, "a pattern of discourteous, impatient,
and undignified behavior."
Judge John Wulle would later receive
a public reprimand for his ill-tempered courtroom conduct.
Oh, that's not a smart play.