Seventeen attorneys, from both the trial and defense bars, have called for the disqualification of a Los Angeles County Superior Court judge who they say has a long record of abusive conduct toward attorneys, witnesses, court staffs and jurors.
Attorney Nicholas Rowley of Ventura-based Trial Lawyers for Justice submitted a complaint about Judge Mary Ann Murphy to the Commission on Judicial Performance in San Francisco on March 24, along with statements by 16 other attorneys who say Murphy has repeatedly violated the state’s Code of Judicial Ethics.
“Her behavior from the bench is so extreme and so aggressive that she must urgently be removed from the bench for the protection of the public,” Rowley said in the complaint filed with the commission.
The attorney filed the complaint with the commission at the same time he filed a motion to disqualify Murphy from his current trial, Jane Doe et al. v. Mountain View School District, which involves allegations of child sexual abuse. A complaint letter was also sent to Presiding Judge Sergio Tapia II.
Rowley said that in the wake of Murphy’s conduct during voir dire proceedings, he came to the conclusion that his client could not get a fair trial.
“Multiple distinguished attorneys have documented similar experiences, describing a pattern of abusive and erratic behavior that has gone unchecked for too long,” the motion to disqualify Murphy from the case states. “The testimony provided in this motion – from respected members of the bar who have risked their professional standing to come forward – paints a disturbing picture of a judge whose temperament renders her unfit to preside over any trial, let alone one involving vulnerable victims of childhood sexual abuse.”
Some of the judicial misconduct alleged in the complaint to the Commission on Judicial Misconduct includes showing bias to a female Latina attorney whom Murphy said “skittered” like a cockroach or a rat; demonstrating cruelty and callousness toward vulnerable litigants, such as a 12-year-old quadriplegic; traumatizing attorneys to the point they required therapy or considered another profession; and failing to control her courtroom when attorneys became “physically violent” with each other.
A statement emailed from the Superior Court to the Southern California Record said the ethics code prohibited judges or court staff from commenting publicly about pending judicial investigations. But the statement indicated that such an investigation of Murphy would begin if allegations were presented to the presiding judge about a failure to be patient, dignified, courteous or unbiased.
“If a complaint is submitted to the presiding judge, the presiding judge will conduct an investigation to determine if there is a violation of the Code of Judicial Ethics,” the statement says.
If an ethical violation is shown to have occurred, the presiding judge will take appropriate corrective actions, according to the statement.
Another attorney indicated in a statement that Murphy’s demeanor was so disconcerting and biased that the lawyer’s clients opted not to continue with their trial and to agree to a settlement that was much less than what the clients would otherwise agree to.
“If there were not a Code of Judicial Ethics, one would have to be invented to stop someone like Judge Murphy from causing egregious harm from the bench,” Rowley said in his complaint to the commission. “One more day of her terrorizing the people who walk into her courtroom is a day too many.”
Murphy has been serving in Los Angeles Superior Court since 1993, when she was appointed to the bench by former Gov. Pete Wilson. Her current term ends in 2031.