District Judge Mike Murphy
The N.M. Supreme Court on Monday rejected a request to suspend Third Judicial District Judge Mike Murphy, who is facing possible indictment on bribery charges.
The court said little in its order rejecting the request for immediate but temporary suspension, except to formally deny the Judicial Standards Commission’s April 5 request and order that “the sealed pleadings and sealed exhibits shall be returned” to the commission.
The order from Chief Justice Charles W. Daniels states that the other four justices concurred.
That means Murphy will continue working as a judge in the Third Judicial District Court – the very court in which a grand jury may soon meet to consider indicting him.
“Judge Murphy is pleased with the Supreme Court’s order,” said Murphy’s attorney, Michael Stout of Las Cruces. “He has served honorably over the years; it is appropriate that he continue to do so.”
You can read the Supreme Court order here.
Murphy has received notification that a grand jury is scheduled to consider charging him with bribery. The allegations are that Murphy, a Democrat, paid a bribe in exchange for then-Gov. Bill Richardson appointing him to the bench in 2006, and that he may have solicited bribes for Richardson from applicants for other judgeships.
The bribe or bribes were allegedly paid as political contributions and went to an unnamed “local political figure.” No one besides Murphy, including Richardson, has received notification that they may be indicted.
Stout has said Murphy ‘committed no crime.’
The grand jury has been delayed twice, and when it now plans to meet isn’t clear.
Court apparently reviewed ‘pleadings and exhibits’
It’s not unusual for the Judicial Standards Commission to seek temporary suspension while it investigates serious allegations against a judge, and it’s not uncommon for the Supreme Court to accept such a request from the commission – the state body charged with investigating allegations of judicial misconduct.
Such a suspension is often not a statement that the judge has done something wrong, but is instead based on a belief that the allegations are serious enough that the judge could compromise the judiciary’s integrity by continuing to hear cases during the investigation.
Though the commission investigates alleged misconduct by judges, it’s up to the Supreme Court to decide whether judges break ethical rules and to discipline.
In ordering in Murphy’s case that pleadings and exhibits filed by the commission be returned, the Supreme Court indicated that the commission included at least some evidence with its request for suspension, and that the court apparently reviewed the evidence before deciding that Murphy could remain on the bench while the commission investigates the allegations against him.
If the commission eventually finds wrongdoing, it could ask the Supreme Court to take action against Murphy that could be as severe as seeking his permanent removal from the bench.
Murphy still won’t hear criminal cases
Even though Murphy will remain on the bench for now, he won’t be hearing criminal cases. The chief judge in the Third Judicial District Court, Douglas R. Driggers, has already instructed that Murphy won’t hear such cases until the matter is resolved because of the conflict the situation creates.
The Third Judicial District Attorney’s Office in Las Cruces has appointed a special prosecutor to take the case against Murphy, but the office is still officially handling the case. It’s also prosecuting criminal cases in the Third Judicial District Court, and many of them had previously been assigned to Murphy, who is assigned to the court’s criminal division.