By a Staff Writer

A federal judge yesterday ordered Los Angeles Superior Court Judge Patrick Murphy's former lawyer to appear before him Monday to resolve questions about missing files and about who will represent Murphy in a fraud lawsuit against him.

At an afternoon status conference, attorney Gary Laff told Senior U.S. District Judge Wm. Matthew Byrne Jr. he had obtained three boxes of files from Murphy's ex-lawyer, Diamond Bar sole practitioner Thomas Dovidio, but not the bulk of the materials in the lawsuit against the embattled Superior Court judge.

Laff, who described himself later as Murphy's "attorney of the day," said Murphy got some additional files from Dovidio, but none of the pleadings in the case and only some of the deposition materials.

"Mr. Dovidio refused to tender him any other documents or files," Laff said.

Laff also said Dovidio "hangs up on" him when he has tried to discuss the matter.

Dovidio did not return a call for comment yesterday.

Byrne permitted Dovidio to withdraw as Murphy's attorney last month. Dovidio was also permitted Wednesday to withdraw as Murphy's counsel in a suit by the bankruptcy trustee for Dr. George Taus. The trustee claims Murphy and others have concealed money rightfully belonging to Taus' creditors.

A pretrial conference and motion for summary judgment are slated for 4 p.m. Monday. Byrne told Laff to instruct Dovidio to be present with all of his files on the case, and ordered that all other counsel and parties appear.

Byrne said Murphy would be deemed to be representing himself, absent a substitution. He also said he would impose sanctions on Murphy "unless he's got a reason that he's not here today."

Laff said he spoke with Murphy Wednesday evening and had expected him to be in court yesterday. Laff later told reporters Murphy would be represented Monday.

In the suit, Smith Barney Inc. and Prudential Securities Inc. claim Murphy and several other defendants "laundered" funds that the plaintiffs contend were improperly withdrawn by Taus from accounts held jointly by Taus and his now ex-wife.

Murphy is the plaintiff in a related Orange Superior Court case, in which he is alleging that two lawyers secretly recorded his telephone conversations. Dovidio's motion to be relieved in that case is set for today.

The Commission on Judicial Performance filed charges against Murphy for his absences from his West Covina courtroom. Murphy reportedly enrolled in a Caribbean medical school while continuing to draw his judicial salary.