Judge who challenged public defender to fistfight seeks rehearing over his removal from bench
A Brevard County, Florida, judge who was removed from office last month for misconduct has asked to change the reason for his removal.
Judge John Murphy asked the Florida Supreme Court yesterday to rehear his case so his dismissal could be on medical rather than disciplinary grounds, Florida Today reports.
Murphy’s troubles began June 2, 2014, when he had a dispute with assistant public defender Andrew Weinstock. A courthouse video of the dispute shows Weinstock declining to waive his client’s right to a speedy trial and requesting a trial date. Murphy responds “You know, if I had a rock, I’d throw it at you right now. Stop pissing me off. Just sit down. I’ll take care of it. I don’t need your help.”
Weinstock said he had a right to be there and represent his client; Murphy responded by inviting Weinstock to fight him “out back,” which Weinstock agreed to do. The fight takes place off camera, but yelling can be heard.
The Florida Judicial Qualifications Commission recommended a $50,000 fine and a 120-day unpaid suspension for Murphy in May, but the Florida Supreme Court ruled last month that removal was the more appropriate sanction
“Judge Murphy used profanity in an open courtroom and threatened violence against an attorney appearing before him. This is the sort of egregious conduct that erodes the public’s confidence,” the court wrote in its opinion (PDF).
In the ethics case, Murphy argued unsuccessfully that he suffers from PTSD related to his service in Afghanistan with the U.S. Army Reserve. Murphy has a 30 percent disability rating from the Department of Veterans Affairs. A special counsel in the ethics case argued that if the behavior was attributable to PTSD, another incident was likely, despite his assurances otherwise.
Murphy’s new request cites the PTSD to argue that he should be removed for medical reasons, rather than disciplinary ones.
