Brevard judge argues against removal from bench

BY THE NEWS SERVICE OF FLORIDA

Faced with the possibility of losing his job over a videotaped altercation with a lawyer, a Brevard County judge asked the Florida Supreme Court this week to allow him to remain on the bench. The Supreme Court in early October suspended Judge John Murphy and requested that he show why he should not be removed permanently. In a document filed Monday, Murphy's attorneys said the judge expressed remorse for the June 2014 altercation with an assistant public defender that went viral and included Murphy threatening to "beat your ass." A panel of the state Judicial Qualifications Commission, which oversees judicial disciplinary issues, recommended in May that Murphy be given a four-month suspension without pay and a $50,000 fine, but the Supreme Court is the final arbiter of punishments against judges and lawyers. In the newly filed document, Murphy's attorneys said the Supreme Court should go along with the recommendation from the Judicial Qualifications Commission instead of issuing a harsher penalty. Also, the document outlined background about Murphy's personal life and military service. "Judge Murphy never sought to be excused for his behavior, and he remains adamant that his actions are his responsibility, to be blamed on no one but himself,'' the document said. "Judge Murphy knows he cannot make his remorse and regret sound sincere to those who would banish him from the profession. And he recognizes that public pressure can be immense. The conventional wisdom says that what he did is unforgivable. Certainly it is egregious and deserves reprobation. But what Judge Murphy has tried to convey through his words, actions, and court pleadings since last June is that the behavior of the person on that video was wholly out of character and never will recur. It was a moment in time that will not be repeated."