Murphy told a panel of three special masters last week that a "phobia" of the court left him unfit to resume his duties on the bench but capable of approving search warrants, teaching law classes, taking exams, exploring new careers and beginning medical school in the Caribbean.

At a four-day hearing at the Fourth District Court of Appeal courthouse in Riverside, Murphy—acting as his own counsel—defended against charges by the Commission on Judicial Performance that his more than 400 days of absences from the bench in recent years were a dereliction of duty.

Commission lawyer Jack Coyle presented as witnesses numerous former colleagues of Murphy from the now-defunct Citrus Municipal Court. The judges testified that Murphy's absences burdened them with additional duties and that the court's internal morale and reputation in the community suffered due to numerous "Murphy sightings"—instances in which Murphy was seen, apparently healthy, in public during times he claimed to be too ill to work.

The commission also presented evidence that Murphy entered a medical school in the Caribbean island nation of Dominica, with plans to become a physician, at a time when he was contemplating filing for permanent disability.

Testifying on his own behalf, Murphy said thyroid problems led to surgery, which left him too worn and exhausted to properly discharge his judicial duties. He said he also contracted Epstein-Barr virus and developed chronic fatigue syndrome and fibromyalgia, and contended that the physical disabilities in turn led to stress and a psychological reaction that turned into a phobia of the court. He said doctors told him he would never again be able to function as a judge, but he said he resisted their assertions and repeatedly tried to return to the bench.

On the second day of proceedings, Murphy said his illness prevented him from continuing the proceedings. But the masters—Court of Appeal Justices Carol A. Corrigan of the First District's Div. Three, and Art W. McKinster and Betty Ann Richli of the Fourth District's Div. Two—told him he would have to tough it out in the afternoon after granting him an extended morning recess.

The panel will make findings subject to review by the commission. The commission can then admonish or censure the jurist, or remove him from the bench.

Murphy, who has been represented at prior stages of the proceedings by attorneys Eugene Moses and James Freidhofer, represented himself before the masters.

George H. Trammell III
Retired Los Angeles Superior Court Judge

Trammel, who served on the Los Angeles Municipal Court and the Los Angeles Superior Court between 1971 and 1997, is scheduled to be sentenced today on two federal mail fraud charges in connection with his contacts with Pifen Lo, a defendant in a 1995 kidnapping prosecution.

Trammell was censured by the Commission on Judicial Performance and banned from receiving court assignments as a result of what he has now admitted was a sexual relationship with Lo. The commission had no power to block Trammell from receiving his pension of more than $80,000 annually, but that will occur once he formally pleads guilty to a felony involving the misuse of his office.

Trammell abruptly quit the bench three years ago when his relationship with Lo became public. A panel of special masters appointed by the Supreme Court found that he had engaged in improper conduct, including hundreds of ex parte contacts with Lo.

Lo said the judge coerced her into having sex by promising favorable treatment for her ex-husband.. The masters found that commission attorneys had failed to prove by clear and convincing evidence that Lo was coerced, and the commission agreed.

Trammell declined to file a sworn response or testify under oath before the CJP, citing his constitutional right not to incriminate himself. In unsworn documents, he claimed that his contacts with Lo were motivated solely by a belief they would protect him from violent organized crime figures with whom her ex-husband, with whom she was living, was associated.

The District Attorney's Office said it could not charge Trammell with a criminal offense, but cooperated with the federal investigation.

Lo, joined by her ex-husband and children, has filed suit against Trammell, along with the state and Los Angeles County.

Orange Superior Court Judge David Brickner, who is hearing the case on assignment, dismissed a portion of the suit in January. Among other things, Brickner ruled that the state could not be held liable for negligent supervision of Trammell because a judge—although a state employee—cannot as a matter of law be "supervised."

Brickner also ruled that a tort committed against Lo by Trammell could not be the legal cause of emotional distress suffered by her ex-husband or children.

Writ relief was denied by the Court of Appeal and Supreme Court.

 
Central District of California

Judge J. Spencer Letts took senior status Dec. 19, creating a fifth vacancy.

Earlier vacancies resulted from the elevation of Judge Richard Paez to the Ninth Circuit in March of last year, Judge William Keller's taking senior status Oct. 29, 1999, and the retirement of Judge John Davies and Judge Kim Wardlaw's elevation to the Ninth Circuit, both of which occurred in July 1998.

The court is in the process of selecting four magistrate judges to fill new positions, as well as choosing a successor to Santa Ana-based Magistrate Judge Elgin Edwards, who is retiring in June.

—AB 84, by Assembly Speaker Robert Hertzberg, D-Sherman Oaks, which would protect home addresses of superior court employees from public release by the Department of Motor Vehicles. The bill was introduced Jan. 8.

—AB 145, by Assemblyman Robert Pacheco, R-Walnut, would make a minor change in the wording of the law which authorizes courts to accept credit card payments for bail for non-felonies and for any court-ordered fee or fine. The bill was introduced Jan. 25.

—AB 146, by Assemblyman Howard Wayne, D-San Diego, which would specify that service on a governmental board or commission by an attorney employed by the state in a non-elected position or by an administrative law judge shall not, by itself, be deemed a conflict of interest that requires the automatic vacation of one of the positions. The bill was introduced Jan. 25.

—SB 82, by Senate President Pro Tem John Burton, D-San Francisco, which would increase the salaries of all California judges by 8.5 percent. The bill was introduced Jan. 11 and was assigned to be heard in the Senate Committee on Public Employment and Retirement.

—SB 109, by Sen. Richard Ackerman, R-Fullerton, which would prohibit a private citizen from bringing a class action for unfair business practices against a defendant whom the same plaintiff has previously sued over the same alleged misconduct, if the previous case was tried or was settled with court approval. The bill was introduced Jan. 23.

—SB 110, by Sen. Richard Ackerman, R-Fullerton, which would allow assignees of claims, currently barred from suing in small claims court, to do so in some actions involving $750 or more. The bill was introduced Jan. 23.