Metropolitan News-Enterprise
Wednesday, Jan. 24, 2000
Page 1

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Murphy, Citing Illness, Requests
Halt of CJP Hearing


By a MetNews Staff Writer

Los Angeles Superior Court Judge Patrick Murphy yesterday requested an abrupt halt to Commission on Judicial Performance proceedings against him, saying he was too ill to continue.

"I am really feeling ill and I don't think I can continue at this time," Murphy told the panel of three justices hearing the matter.

Proceedings were recessed at 11 a.m. based on Murphy's complaint of a headache. They were resumed at 1:30 p.m., and continued despite Murphy's assertion of illness.

Murphy is representing himself in the action, in which he is charged with excessive unexcused absences from court. Commission documents allege he was gone for more than 400 days in the last four years.

The assertion of illness followed nearly two hours of Murphy's cross-examination of Judge Rolf Treu, who was presiding judge of the Citrus Municipal Court in 1999 when concern over Murphy's absences were coming to a head.

In questioning Treu about what he told him in confidence about his illness in March 1999, Murphy for the first time broached the nature of what he has alleged is a disability that kept him from serving on bench but may have allowed him to engage in other activities, such as participating in community events.

"Do you know what a thyroid neoplasm is?" Murphy asked Treu.

Following up on Treu's assertion in direct examination that Murphy generally appeared to be in good health during the time he was on sick leave, the embattled jurist asked Treu whether he knew what the outward signs would be of chronic fatigue syndrome and fibromyalgia.

A day earlier, Treu and several of Murphy's other bench colleagues testified that Murphy's absences were bad for morale at the West Covina court, especially after lawyers and court personnel began reporting seeing Murphy in apparent good health at restaurants, community events and other functions.

They testified to further dismay when reading in the newspaper that Murphy, who is also a registered nurse, had enrolled in a medical school in the Caribbean while earning $118,000 a year--later $122,000-while on sick leave from the court.

Testimony Monday and yesterday revealed that Murphy had what both he and Treu called "an emotional outburst" at a meeting on March 9, 1999, apparently over Murphy's belief that Treu had provided confidential medical records to newspapers. The tone of the meeting was such that Treu believed he could no longer serve as Murphy's supervisor, and delegated the duty to his assistant presiding judge.

Proceedings opened Monday at the Fourth District Court of Appeal courtroom in Riverside with Justice Art McKinster of Div. Two leading the three-justice panel hearing the case. He was joined on the bench by Justice Betty Ann Richli, also of Div. Two, and Justices Carol A. Corrigan of the First District's Div. Three.

The lead attorney for the commission is Jack Coyle.

The hearing is expected to continue today.



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