When we last left Brevard County Judge John Murphy, he had invited an assistant public defender into the hallway, where he gave him a good old thrashing.
The JQC recommended a suspension, a hefty fine, 50 community service hours, and anger management. Or a punishment to that effect.
Au contraire said our Supreme Court. In a per curiam opinion, they tossed him out of office.
The video showed Judge Murphy’s verbal altercation with assistant public
defender Andrew Weinstock after Mr. Weinstock refused to waive speedy trial for
his client. Judge Murphy stated, “You know if I had a rock, I would throw it at
your [sic] right now. Stop pissing me off. Just sit down.” When Weinstock
refused to sit down, asserting his right to stand and represent his clients, Judge
Murphy responded, shouting: “I said sit down. If you want to fight, let’s go out
back and I’ll just beat your ass.” The two men left the courtroom and met in the
Then true to his word, and following Rumpole's fourth rule of litigation ("never make a threat you are not prepared to carry out") the good judge did in fact, beat his ass.
Removal is proper
when clear and convincing evidence is presented that the judge has engaged in
“conduct . . . demonstrating a present unfitness to hold office.” Art. V, § 12(c)(1),
Fla. Const.; see also In re Albritton, 940 So. 2d 1083, 1088 (Fla. 2006).
“Malafides, scienter or moral turpitude on the part of a justice or judge” is not
necessary for removal from office. Art. V, § 12(c)(1), Fla. Const.
Rumpole notes: hmmmm... we always thought mala fides was a prerequisite. Learn something new every blog post.
We think we have a better class of PDs here. There are several who could have taken this punk judge no problem. You don't mess with the 305 PDs.
"When you strike at the king, you must kill him." Ralph W. Emerson.
DOWN GOES FRAZIER....DOWN GOES FRAZIER....DOWN GOES FRAZIER!!!!
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