29 Sep 2000
The San Gabriel Valley Tribune (West Covina, CA)
By Bill Hetherman
WEST COVINA -- Citrus Municipal Court Judge Patrick B. Murphy is back to
work after a prolonged absence he maintained was caused by illness not
by publicized legal troubles outside the halls of the courthouse.
In his first interview since his July 1 return, Murphy said he will try
to keep working as long as his health permits. Murphy declined to say
what made him ill, although his lawyer, Thomas Dovidio, had indicated
the judge had cardiac troubles.
But Murphy, 44, also is the subject of allegations made in various
lawsuits filed last year that he misappropriated $1.8 million. The
allegations are being reviewed by the District Attorney's Office to see
if an investigation is warranted, said Sandi Gibbons, a spokeswoman for
the office.
Murphy, who was paid his annual $103,537 salary during his time off,
denied any wrongdoing.
"There's so much nonsense going on," he said. "But when the facts are
out it's all going to be (explained)."
According to the lawsuits, Murphy asked an attorney to keep $1.8 million
in an attorney-client trust account and to distribute the funds later to
a woman who was Murphy's paralegal when he was in private practice.
At least some of the money came from trust funds meant for the four
children of physician George Taus, according to court documents filed by
an attorney for the doctor's ex-wife.
Murphy has declined to say exactly what role he had, if any, in the Taus
matter. But he said he and his attorney told prosecutors months ago that
they will discuss it with them if it will help them in their review.
"We had contacted them at the beginning and said we were always willing
to talk with them," Murphy said.
Before Murphy came back, Judge Rolf M. Treu sent a report in June to the
Commission on Judicial Performance, which monitors the ethical conduct
of the state's judges.
Treu said a state rule of court required him, as presiding judge, to
report Murphy's absences to the commission. The rule applies to jurists
absent for more than 90 days during a 12-month period.
Treu declined to say whether he received a response from the commission,
whose members rarely say anything about ongoing reviews of a judge's
conduct.
But Treu said that the investigation by the District Attorney's Office
is partly responsible for his decision to assign Murphy to civil,
instead of criminal, cases. He also cited Murphy's health, noting the
criminal caseload is much larger than the civil docket.
Murphy said that he agreed Treu was obligated to report the absences,
but had not been told and was surprised to learn from the Tribune about
Treu's decision regarding criminal cases.
"I would be the first to disagree," Murphy said. "It runs completely
counter to the whole concept of criminal justice that everyone is
presumed innocent."
Murphy said he thought he was given the civil-case calendar because he
was handling it before he left and knows about civil law from having
practiced it before becoming a judge.
Addressing other issues related to his legal troubles, Murphy confirmed
he took trips to England and Germany in 1997 to lecture on Criminon, a
program for rehabilitating offenders which he used in some criminal
cases before he was reassigned to handle civil matters.
The program is linked to the Church of Scientology, whose practices have
been praised by many for having a positive impact on their lives, while
others have complained of alleged mind-control tactics.
Murphy acknowledged taking the trips in a deposition he gave March 30
for a lawsuit field by a securities firm over money generated from
selling off some of Taus' community property three years ago.
A copy of the deposition was provided to this newspaper by the
Metropolitan News Co.
"Our code of ethics specifically permits judges to participate in
educational seminars," Murphy said. "That has always been completely
disclosed."
Murphy was referring to a provision in state law that limits judges to
$250 a year in gifts from one source, but allows an exception for
international travel expenses provided by tax-exempt religious groups.
Murphy also said in the deposition that he took several trips to Las
Vegas with a female friend who once worked for him while he was a
lawyer. One of the lawsuits alleges he tried to launder some of the Taus
monies through casinos in the Nevada gambling mecca.
But Murphy said he enjoys the atmosphere in Las Vegas and doesn't go
there just to gamble.
"Las Vegas has evolved to being a much more family-oriented place,"
Murphy said. "I would say that about half the time I probably don't even
gamble."
Murphy was elected in 1992 by unseating incumbent Abraham Khan in a
bitter election battle. He ran for Superior Court in 1996, but was
defeated by Los Angeles Municipal Court Judge Karl W. Jaeger.
Murphy was unopposed in last year's elections and was automatically
re-elected to a second term.
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