By KENNETH OFGANG, Staff Writer

Los Angeles Superior Court Judge Patrick Murphy--who has been out on sick leave for most of the past two years--has not requested disability retirement, the chief administrator for the state's judicial watchdog agency said yesterday.

The comment by Commission on Judicial Performance Director/Chief Counsel Victoria Henley is at odds with published reports, citing sources unconnected with the commission, that Murphy had applied to retire from the bench with a pension based on permanent inability to perform his duties.

Disability retirement requires the approval of the commission and of the state chief justice.

Superior Court Presiding Judge Victor Chavez, meanwhile, said he reached Murphy by telephone at his home yesterday, and that Murphy said he was still too ill to work.

The presiding judge said Murphy advised him he was under the care of three different physicians. Murphy promised to submit reports from the doctors, Chavez said.

The presiding judge added that he advised the Commission on Judicial Performance of Murphy's continued absence, and that commission staff indicated it was aware of the situation.

Henley would not comment on that aspect. She explained that while she is permitted to disclose the filing or non-filing of a disability retirement application, an allegation of persistent failure to perform judicial duties would fall under the commission's disciplinary jurisdiction.

Disciplinary matters are confidential unless and until the commission files a notice of formal proceedings, which has not happened in Murphy's case.

The Los Angeles Times reported Sunday that a Patrick Murphy, with the same birth date, home address, and named spouse as the judge, was enrolled in classes that started last month at Ross University Medical School on the tiny West Indies island of Dominica. The newspaper cited the university registrar's office as its source.

Murphy, who was a judge of the Citrus Municipal Court immediately prior to court unification Jan. 22, is an experienced registered nurse, having worked in that field before becoming a lawyer.

He is currently accused of fraud and conversion in two suits, which have been consolidated for purposes of discovery, but not trial.

In one suit, the bankruptcy trustee for Dr. George Taus, a physician and close friend of the judge has sued Murphy and others for the return of nearly $1.9 million. The trustee claims the money was wrongfully taken from the estate.

The other suit, which has an April 11 trial date, was brought by the securities firms Smith Barney Inc. and Prudential Securities, Inc. They have sued Murphy, Taus and others, seeking damages in excess of $785,000, including interest.

The firms claim that Murphy helped Taus conceal from the doctor's ex-wife, Susan Taus, a portion of the funds to which she was entitled as a result of a marital settlement agreement.

The firms are suing because a National Association of Securities Dealers arbitration panel held them responsible for paying the funds over to the doctor and required them to reimburse Susan Taus.

Senior U.S. District Judge Wm. Matthew Byrne Jr. of the Central District of California is slated to hear arguments today on whether Murphy's lawyer, Thomas Dovidio of Diamond Bar, should be allowed to withdraw from the case.

Dovidio claimed in a motion filed last week that he is too ill to try the case, and that he has unspecified ethical conflicts with his client. He also said he has had difficulty communicating with Murphy, and had been largely unable to reach him other than by e-mail in recent months.