By a Staff Writer

Los Angeles Superior Court Judge Patrick Murphy is looking for a new lawyer to represent him in a fraud suit set to go to trial next month, Murphy told the jurist trying the case yesterday.

Murphy, who has been in pro per since attorney Thomas Dovidio was relieved as his counsel last month, told Senior U.S. District Judge Wm. Matthew Byrne Jr. of the Central District of California that he would rather not try the case himself.

"Due to my health, I would like to have other counsel represent me," Murphy told the judge. Lawyers he's spoken to, however, have expressed a "real reticence" to take the case on such short notice, he said.

Murphy was a member of the Citrus Municipal Court before taking his oath last month as a Superior Court judge under unification. He has been absent from judicial duties for most of the past 21 months with what he has said are cardiac- and stress-related problems.

Byrne, who said he does not want to continue the trial, set another status conference for March 16.

Murphy told the judge that he has not had access to his files. Dovidio, Murphy said, told him that they would not be copied until next week.

Byrne said he would direct Dovidio to have the files to Murphy by Friday.

Murphy also told the court he would not join in a proposed statement of facts stipulated to by counsel for the other parties in the case. Byrne told him to file his objections by Monday.

The impending trial is on a suit brought by Prudential Securities, Inc. and Smith Barney Inc. The securities firms claim that Murphy helped a close friend, Dr. George 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.

Other defendants in the case include George Taus and several persons who allegedly received some of the money at various times.

They include attorney Paul Ottosi, a former friend of Murphy; Maryanne Baumgarten, a paralegal who worked for Murphy before he was elected to the bench in 1992; Azusa attorney Steven Alexander; Baumgarten's sister, Winnie Eisen; Colby Cotta, a nurse and friend of Murphy, who was himself a nurse before he became a lawyer; and Arnold Secord, a friend of Taus and head of a startup company that was allegedly used to bank and then transfer the money.