Judge john murphy brevard county biography templates


This is the page for the former judge of the Brevard County Court, Florida. If you are looking for another person by this name, please see: John Murphy.



John C. Murphy is a former county judge of the Brevard County Court in Florida. He was elected to the court in September 2006, effective 2007, and re-elected in 2012.[1] Murphy was removed from the bench by the state supreme court on December 17, 2015, in relation to an altercation in court with a public defender in June 2014.[2] Read more about his removal below.

Education

Murphy graduated from the University of Dayton School of Law. He was admitted to the bar in 1983.[1]

Career

Murphy worked at his father's law firm, Betten, Murphy & Weiss, Attorneys, P.A., from 1983 until he was elected to the Brevard County Court in late 2006.[3]

Noteworthy events

Altercation with public defender

On June 2, 2014, Brevard County Judge John Murphy and public defender Andrew Weinstock had an altercation.[4]

Weinstock did not want his client to waive the right to a trial and responded to the judge's question of "What do you want to do?" with, "What do you want to do? I'm not waiving. You want to set it for trial, set it for trial." As Weinstock started to argue that the judge's position was "an emergency created by the State," Murphy said, "You know, if I had a rock, I would throw it at you right now."[4][5]

After Murphy told Weinstock to sit down and Weinstock refused, Murphy said, "If you want to fight, let’s go out back and I’ll just beat your ass."[4] What followed was not caught on camera, as the two exited the courtroom. Sounds of the altercation were captured on the recording. Initial reports accused Murphy of punching Weinstock in the face.[4][5] Blaise Trettis, a public defender for the 18th Judicial Court, stated, "The attorney said that immediately upon entering the hallway he was grabbed by the collar and began to be struck."[6]

Deputy Bryon Griffin, who was at the scene, later said:

I stepped into the back hallway and saw the two of them grabbing ahold of each other's suitcoat, pushing each other back and forth...I heard Judge Murphy say, ‘Do you wanna f-ck with me, do you?’ and I heard Mr. Weinstock say, ‘Alright.' I immediately stepped in and separated the two of them as they still had a grasp on each other.[7]
—Deputy Bryon Griffin[8]

When the incident ended, the people in the courtroom clapped. The New York Daily News reported that they were applauding the judge. One witness told WKMG-TV that Weinstock had acted "extremely rude."[4] Murphy agreed to take a temporary leave of absence and to seek anger management counseling.[9] He was absent from the court for four weeks and returned on June 30, 2014.[10]

Judge Murphy apologized to the county's residents on June 29, writing in an open letter:

There may not be words strong enough to express the regret I have over my actions of June 2 — not because of the consequences to me but because it was wrong and may have tarnished the reputation of the entire judiciary...I love my job and have refocused myself on doing all I can to make myself a better person and a better judge.[11][7]

Misconduct charges

On August 13, 2014, Florida's Judicial Qualifications Commission filed a "Notice of Formal Charges" against Murphy with the Florida Supreme Court. The Commission found that under Rule 6(f) of the Rules of the Florida Judicial Qualifications Commission and Florida State Constitution Article V, Section 12(b), that probable cause existed to commence formal proceedings against Murphy.[12][13]

In their notice, the commission formally charged Murphy with belittling a public defender, challenging him to a fight, then grabbing and punching the public defender outside the courtroom. The notice goes on to charge Murphy with returning to the bench after his altercation with the public defender and calling seven cases wherein the defendants were not represented by any attorney from the public defender's office. Murphy then prompted waivers of speedy trials from each defendant.[12][12]

Murphy faces ethics panel

On March 30, 2015, both Murphy and Weinstock gave testimony in front of a six-member judicial ethics panel. Weinstock stated that Murphy punched him so hard that he "saw stars" while Murphy denied ever throwing a punch. Weinstock further testified that Murphy "had me pinned to the wall with his right arm, and he brought his left hand back in a fist. Then he punched me in the face, hitting me here (points to jaw)."[14] The courtroom video of their June 2014 altercation was played before the panel, and witnesses in the court that day provided further testimony.[15] Murphy countered Weinstock, stating:

I did not strike Mr. Weinstock, nor did I attempt to strike Mr. Weinstock. He was coming at me fast, I thought I was being attacked. He had his hands out and hit me in the chest. And to get my balance and defensive, I grabbed him by the shoulders, and I started to swing him off balance, and I yelled the profane things trying to get him to submit.[7]
—Judge John Murphy[14]

Suspension & removal from bench

The commission recommended that Murphy receive a punishment of a four-month suspension, a fine and continued anger management counseling. On October 6, the Florida Supreme Court instead ordered his immediate suspension and gave him 20 days to respond as to why he should not be removed from his post permanently. "It appears Judge Murphy will be removed unless he can convince the Florida Supreme Court otherwise," said defense attorney Keith Szachacz. He also stated that the incident was a "small snapshot that does not accurately reflect the man who has served the citizens of Brevard County and the United States of America honorably."[16]

On October 26, Murphy's lawyers filed his response, which argued that the judge "has taken every step available to remediate." The Department of Veteran Affairs issued Murphy a 30 percent disability for post-traumatic stress disorder (PTSD) resulting from his deployment in Afghanistan. Murphy had attended counseling for his PTSD, and, according to his response to the court, could "better recognize stressors and triggers." His counselor testified that a recurrence of the incident in court was unlikely.[17]

On December 17, 2015, the Florida Supreme Court ruled to remove Murphy from the bench, calling the incident in the judge's courtroom a "national spectacle."[2]Eighteenth Circuit Court Chief Judge John D. Galluzzo said that the court's operations would not be interrupted and said of Murphy, "We will remember him for the countless positive contributions he made during his years on the bench and he will be missed."[2]

Read the supreme court's decision in full here.

Elections

2012

See also: Florida judicial elections, 2012

Murphy was unopposed and automatically re-elected to the Brevard County Court following the general election on November 6, 2012.[18][19]

Recent news

The link below is to the most recent stories in a Google news search for the terms John Murphy Florida judge. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

  1. 1.01.1Law Diary, "Biographies of State and County Court Judges in Florida," accessed August 25, 2014Scroll to p.81
  2. 2.02.12.2ABA Journal, "Judge who caused 'national spectacle' by challenging public defender to fistfight loses his job," December 17, 2015
  3. Betten, Murphy & Weiss, "Keeping it in the Family, Betten, Murphy & Weiss," accessed August 25, 2014
  4. 4.04.14.24.34.4Daily News, "‘Let’s go out back and I’ll beat your ass’: Florida judge allegedly attacks lawyer outside courtroom," June 3, 2014
  5. 5.05.1YouTube, "Florida Judge Fights Attorney...," June 3, 2014(video)
  6. WFTV.com, "Brevard judge, public defender fight after argument in court," June 3, 2014
  7. 7.07.17.2Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. U.S. News, "Police Describe Off-Camera 'I'll Beat Your Ass' Fight Between Judge, Lawyer," June 6, 2014
  9. U.S. News, "Judge Tells Lawyer 'I'll Just Beat Your Ass,' Then Does," June 3, 2014
  10. Florida Today, "Judge back to work after courtroom scuffle," June 30, 2014
  11. Florida Today, "Viera judge Murphy offers public apology," June 30, 2014
  12. 12.012.112.2Florida Supreme Court, "Before the Florida Judicial Qualifications Commission: Inquiry Concerning a Judge John C. Murphy, No. 14-255, Notice of Formal Charges," August 13, 2014
  13. The Tampa Tribune, "Brevard judge accused of punching lawyer faces misconduct charges," August 21, 2014
  14. 14.014.1News 13.com, "Brevard judge accused of punching lawyer faces ethics charges," March 31, 2015
  15. Click Orlando.com, "Brevard County judge fights to keep seat after courtroom scuffle," March 31, 2015
  16. Florida Today, "Florida Supreme Court suspends Brevard judge after scuffle," October 6, 2015
  17. Florida Today, "Brevard judge appeals suspension after courtroom scuffle," October 27, 2015
  18. Brevard County Supervisor of Elections, "County Court Judge, Group 11 candidate," 2012
  19. The Florida Bar News, "Breaking News - Judicial Election Results," September 6, 2006