By KENNETH OFGANG, Staff Writer

The attorney who has represented Los Angeles Superior Court Judge Patrick Murphy since he was sued by two securities firms that accuse him of fraudulently misappropriating funds yesterday asked out of the case.

Thomas P. Dovidio, a Diamond Bar sole practitioner, asked Senior U.S. District Judge Wm. Matthew Byrne Jr. of the Central District of California to relieve him of his obligations as counsel Murphy, one of several defendants in the action brought by the Prudential Securities and Smith Barney firms.

Murphy's status as a Superior Court judge had been in doubt, as the judge did not show up to take the oath of office when the courts unified Jan. 22. He had taken the oath by telephone, but Presiding Judge Victor Chavez questioned the validity of that oath, reportedly on the advice of the general counsel to the Administrative Office of the Courts.

But that issue became moot, court spokeswoman Jerrianne Hayslett said yesterday, after Murphy took the oath at the West Covina courthouse--where he previously sat as a Citrus Municipal Court judge--Wednesday. The oath, she said, was administered by June Betschart, the chief court administrator at the facility, who had earlier administered the telephone oath.

Neither Murphy nor his lawyer appeared at yesterday's status conference on the case, which is set for trial April 11. But Dovidio, who reportedly had another matter in Orange County earlier in the day and was stuck in weather-related traffic, was contacted and his voice piped into the courtroom over an audio-speaker system.

The lawyer informed the court that he has a number of reasons for wanting out of the case--his slow recovery from a November heart attack, difficulty in maintaining contact with his client--who has been off the bench due to asserted health problems for most of the past two years--Murphy's unwillingness to take his advice, and ethical conflicts.

Dovidio did not specify the advice or the conflicts, citing attorney-client confidentiality. But he offered to explain the situation to the judge in chambers, and Byrne set a hearing for Tuesday.

The judge expressed concern that Murphy receive notice of the hearing, and asked whether Murphy had consulted other counsel.

Dovidio, who said his contact with Murphy in recent months has been almost exclusively by e-mail, said he would notify the judge in that fashion and would also give notice to attorney Gary Laff, who represents Murphy in a related matter and may be in closer contact with the judge.

Dovidio also told the judge that Murphy said in one of his e-mails that he was conferring with another attorney, whose name was not disclosed, about possibly taking over the judge's defense.