Florida Supreme Court suspends Brevard judge after scuffle
John A. Torres, FLORIDA TODAY 4:14 p.m. EDT October 6, 2015
County Judge John Murphy may have presided over his last case.
The Florida Supreme Court today suspended Murphy immediately without pay and has given him 20 days to show why he should keep his job.
Murphy has been under fire for a 2014 outburst in which he challenged a public defender to a fistfight. The scuffle took place just outside the courtroom and the audio was captured by recording devices.
The six-member Florida Judicial Qualifications Committee — the panel that oversees judges — had previously slammed Murphy for refusing to take responsibility even during his written response saying he would accept the panel's recommended sanctions stemming from the altercation with Assistant Public Defender Andrew Weinstock.
The panel had recommended a four-month suspension from the bench, a fine, as well as continued mental-health counseling to deal with anger-management issues. Murphy said he would accept the punishment though he called it "harsh" and said that he was "dismayed." He also continuously referred to Weinstock as a "discredited witness."
But today the Florida Supreme Court, citing the complete record in the case — including Murphy's refusal to take full responsibility — ordered his immediate suspension and is moving forward to removing him permanently.
"It appears Judge Murphy will be removed unless he can convince the Florida Supreme Court otherwise," said defense attorney Keith Szachacz. "Funk, Szachacz & Diamond continue to support Judge Murphy. The incident on June 2, 2014, is a small snapshot that does not accurately reflect the man who has served the citizens of Brevard County and the United States of America honorably. We hope he will continue to serve the citizens of Brevard County and our country."
Chief Judge John D. Galluzzo said Murphy's suspension should not cause any significant changes to the day-to-day operations.
"Pursuant to the Supreme Court's Order today, immediately suspending Judge John C. Murphy from office, arrangements are being made to cover his docket," he said in a prepared statement. "The judges of the Eighteenth Circuit will work together to ensure the timely and efficient administration of justice for all persons seeking access to our court system. Thanks to the support and cooperation of all of our judges, I do not anticipate any disruption of court services."
Earlier this year the JQC blasted Murphy for continuously blaming others for the 2014 incident.
"Judge Murphy's actions disgraced the entire judiciary of Florida," the JQC wrote. "A truly contrite Judge Murphy would avoid heaping blame on others, would accept without reservation the discipline proposed by the Hearing Panel in this matter and would be grateful that removal was not recommended. Instead, what we see is a grudging acceptance and a continued, major effort to deflect his own responsibility onto someone else for his egregious wrong."
Public Defender Blaise Trettis was startled by the court's decision today.
"I'm sadly surprised by the court's order," Trettis said. "I was hoping that the court wouldn't remove Judge Murphy from the county court bench but from all appearances it looks like it's headed in that direction."
The Supreme Court's decision comes only one day after the JQC asked the state's highest court to force Circuit Judge Robert Burger to retire due to medical reasons.
Both Burger's physician and Chief Judge Galluzzo confirmed to the JQC that Burger is now disabled and no longer perform his duties as judge. According to documents, Burger waived his right to a hearing in this matter.
Contact Torres at 321-242-3684 or at jtorres@floridatoday.com. Follow him on Twitter @johnalbertorres or on Facebook at http://www.facebook.com/FTjohntorres
Reporter Chris Bonanno contributed to this story.
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