Judge adds Covid vaccination as a condition to man’s probation

WHAT YOU NEED TO KNOW:

• An Ohio judge ordered a man to get a COVID-19 vaccination as a condition of his probation, arguing his duty is to “rehabilitate the defendant and protect the community.”
• “Judges make decisions regularly regarding a defendant’s physical and mental health, such as ordering drug, alcohol, and mental health treatment,” Wagner said. The judge told Insider that it is common for judges to make decisions regarding defendants’ health.
• The man reportedly does not plan to take the vaccine.

An Ohio judge ordered a man to get a COVID-19 vaccination as a condition of his probation, arguing his duty is to “rehabilitate the defendant and protect the community.” 

Judge Christopher Wagner ordered Brandon Rutherford to get a shot within 60 days of his Aug. 4 court appearance, among other conditions of his probation, Rutherford’s attorney explained to WCPO. 

Rutherford told CNN he does not plan to get the vaccine. 

Wagner likened his decision in a statement to WCPO to a variety of choices judges make regarding the health and welfare of various defendants. 

“Judges make decisions regularly regarding a defendant’s physical and mental health, such as ordering drug, alcohol, and mental health treatment,” Wagner said. 

The judge told Rutherford that although he’s not a physician, he believes a COVID-19 vaccine is a lot safer than fentanyl found in Rutherford’s pocket, according to a transcript provided to WCPO. 

“You’re going to maintain employment. You’re not going to be around a firearm. I’m going to order you, within the next two months, to get a vaccine and show that to the probation office. OK?” Wagner said. 

Both Rutherford and his attorney Carl Lewis expressed their opinion that the judge’s order represented judicial overreach, arguing Rutherford’s immediate future is wholly dependent on a minor issue. 

“Because I don’t take a shot they can send me to jail? I don’t agree with that,” Rutherford said, per WCPO. “I’m just trying to do what I can to get off this as quickly as possible, like finding a job and everything else. But that little thing [the COVID-19 vaccine] can set me back.”

But Wagner said that neither the attorney nor defendant objected to his determination in the courtroom. 

“We will have to see what happens now that the defendant is expressing opposition,” Wagner said in his statement to WCPO. “We might have to hold a hearing if the defendant has good reason not to take the vaccine. The defendant’s attorney, as of now, is not asking for a hearing.”

Rutherford could face up to 18 months in jail if he violates the judge’s orders. 

Source: The Hill