## 308* The Figures Speak!

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• Feb 3, 2001
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J.A.I.L. News Journal
Los Angeles - February 3, 2001
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The Figures Speak!

Someone one J.A.I.L.'s list did the math based upon the story we sent out regarding Judge Patrick B. Murphy, for which he concludes him to be the "double or nothing" judge. His calculation runs like this. Consider there are 52 weeks in a year. Judges and courtrooms are normally "dark" one day per week, which results in a 4 day work week for judges. This means that judges basically work but 208 days a year. But then there are 8 holidays off, which equals 200 days a year.

Now Judge Patrick Murphy missed 400 actual work days in four years, covered by paid "sick leave." That is an average of 100 days per year. So off the 200 work days we deduct 100 days, leaving only 100 actual work days per year. For those 100 work days, Judge Murphy received  \$122,000 per year for 4 years.

So he divided the \$122,000 annual salary of Judge Murphy by the 100 work days, which means the public paid him \$1,220 per day of work for 4 years. Not a bad salary to live off the public trough for a day's work. But what percentage of citizens can draw that type of pay daily? Most of us don't get that salary in a week, and some of us in a whole month. Below is the story from which the facts are drawn.

Thanks to Joseph Hass for his sharp pencil.

Mock Judicial Disciplinary Proceedings*

Tuesday, January 23, 2001
Judges Say Colleague Took 400 Sick Days, Appeared Well
Courts: He reportedly attended medical school in the Caribbean during
some of his time off. A state panel is considering disciplinary measures.

By RICHARD WINTON, Times Staff Writer

A disciplinary hearing for a Los Angeles Superior Court judge began
Monday with several other judges and officials testifying that the jurist
took more 400 sick days off work during the last four years.
The witnesses said they learned later that Judge Patrick B. Murphy had been attending a Caribbean medical school during a portion of the time that he was on sick leave.
Murphy, 45, is accused by the state Commission on Judicial Performance of claiming falsely that he was ill or disabled while collecting his \$122,000 annual salary.
Three appellate judges in Riverside on Monday began the task of
deciding whether Murphy should be punished for his conduct. They will make a recommendation to the commission, which can admonish Murphy, censure him or remove him from office.
Several jurists who served with and supervised Murphy at the Citrus
courthouse criticized his conduct.
There was a feeling "of regret, shame and betrayal," testified Judge
Michael Duggan, the godfather of one of Murphy's children, after learning
in a Times article last year that Murphy had attended the Ross University
Medical School in Dominica last January while on paid sick leave.
"Frolicking in the Bahamas isn't consistent with a person who is ill," said Judge Dennis Aichroth, who supervised Murphy during 1998.
When Murphy returned to the bench for three months last year, he was transferred to a downtown Los Angeles courtroom because his West Covina colleagues refused to work with him, another judge testified.
Murphy, who is defending himself in the proceedings, spoke outside
the court on Monday, denying any wrongdoing and saying every doctor who has examined him has found him to be disabled and unable to serve as a judge.
Murphy, who has been absent from the bench since June--citing a
stress-related medical condition--said he will tell his side of the story
in court today.
In court papers, Murphy maintains that he decided to pursue an
alternative career while on sick leave and took premed classes in 1999 at a chiropractic school in Los Angeles and then attended the medical school,
beginning in January 2000. He says his medical condition allows him to take classes and teach but impairs his sitting on the bench. In court on Monday, speaking as his attorney, he said he abandoned medical school after two weeks because of "headaches and insomnia."
Authorities say he signed a medical school registration form on which
he stated that he had no disabilities that would interfere with his studies
or practice of medicine.
Judge Thomas Falls testified that Murphy's absence disrupted the West Covina courthouse, forcing proceedings to be canceled and necessitating the hiring of a retired judge at \$500 a day.
Several judges and public officials testified that they saw Murphy at
public events and in public places during his time off. Duggan said he
bumped into Murphy at a mall and at a Republican fund-raiser. Judge Carol Williams Elswick, whose child attends school with Murphy's son, said the jurist attended three Christmas pageants at the school. All the judges testifying Monday said Murphy seemed healthy.
Judge Rolf Treu, who presided over the West Covina courthouse until last January, told the judicial panel that on several occasions when Murphy was off sick, the accused jurist appeared at depositions that were part of a federal lawsuit.
The suit alleged that Murphy and others conspired to conceal \$1.8
million of the assets of a friend whose wife was divorcing the man. The
case was settled last year, but Murphy paid nothing. The fraud allegations
in the suit remain the subject of an inquiry by the U.S. attorney's office.
Los Angeles County Assistant Sheriff Larry Waldie testified that
Murphy contacted him before going to the Caribbean and requested a letter for Dominica immigration saying Murphy had never been convicted of a crime.
Waldie said Murphy said nothing about medical school, saying that "he was going on vacation and needed an exit letter."

* Let us not forget that judges are seldom, if at all, prosecuted for
misconduct or wrong doing. It is embarrassment for which judges are
prosecuted. The system is forced to "cut its loses" to spare the
embarrassment. The system just could not survive in an atmosphere of honest judges, so they look to the judges cover for government wrongdoing to maintain their survival, and in return, the system provides cover for all judges. It is a secret sweetheart deal at the expense of our country, our Constitution, and We, the People.

Judge Patrick B. Murphy crossed over the line and embarrassed the judicial system, and for that he must pay as the sacrificial lamb. But who knows, after being dismissed, he may thereafter receive a sizable bonus and a vacation trip to Dominica. What do I say this? Consider Judge Patrick Henry who was continually transferred around the County of Los Angeles to out skirt county courthouses, and finally was of such an embarrassment everywhere he was transferred to that the Commission on Judicial Performance was forced to come down on him. To get away from the hammer, he agreed to an unrevokable retirement from the County of Los Angeles, and was publicly thrown out the front door in disgrace, only to be secretly hired in the back door of the same county with a raise to defend wayward judges like himself. When I called the county on this outrage, County Counsel defended the county's action by saying he was doing a good job of defending the judges of Los Angeles.

There is a saying, "Fool me once, shame on you, but fool me twice, shame on me. Mock disciplinary proceedings against judges are taking place regularly. Haven't we learned our lesson yet? It's time for JAIL.
-Ron
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