This is a really interesting interpretation. It's been so long since I've read the book that I want to reread it now. I definitely think you are right about Rochester being like a badly married woman.

I think the thing about Berrtha is that there isn't that much of a difference between her being actually mad and her being a strong black woman imprisoned by the patriarchy, yanno? At least not from the perspective of Rochester and the narrative. I'd have to think about JE as counter discourse - my instinct is to say yes, and Bad Boy Rochester is a way to tame the book back into discourse - but that part of it is pretty darn discourse.