“I don’t plan on getting it. I don’t want it,” Rutherford said. “So, for him to tell me that I have to get it in order for me to not violate my probation is crazy because 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 can set me back.”
Rutherford’s attorney, Carl Lewis, stood next to his client during sentencing.
“When you hear that, you’re like, ‘Whoa, I don’t think the judges are within their powers to do that,’” Lewis said.
Lewis told the I-Team this is the first time he’s heard of a Hamilton County judge ordering someone to get the COVID vaccine.
On Rutherford’s court papers, there’s a question mark next to the judge’s requirement for Rutherford to get vaccinated.
“If he truly believes that he’s within authority to order the individual to get a vaccine, then we’ll have a legal issue to address,” Lewis said.
The I-Team sent the judge’s staff an email and left two phone messages requesting comment on the court order, but they did not respond.