CINCINNATI — A Hamilton County judge defended ordering a probationer to get a COVID-19 vaccine shot by comparing the order to court-mandated drug treatment and mental health counseling as conditions of probation.
"The court's responsibility when issuing a community control sanction is to rehabilitate the defendant and protect the community," wrote Judge Christopher Wagner in a statement emailed Friday to the WCPO 9 I-Team. "Judges make decisions regularly regarding a defendant's physical and mental health, such as ordering drug, alcohol, and mental health treatment."
On Wednesday, Wagner ordered Brandon Rutherford, 21, to get vaccinated within 60 days as a condition of his probation for a drug offense after Rutherford told the judge he was wearing a mask in court because Rutherford hadn't received the COVID-19 vaccine.
Wagner's office also provided a copy of the transcript of Rutherford's hearing.