Third Judicial District Judge Mike Murphy, already facing felony bribery charges, is now facing an additional misdemeanor charge of violating the state’s Governmental Conduct Act.
The misdemeanor is based on the same allegations that led to Murphy’s indictment in May on felony bribery charges. The new charge alleges that Murphy failed to meet the statutory requirement that a public officer “conduct himself in a manner that justifies the confidence placed in him by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service.”
The misdemeanor charge was filed Thursday by Dan Blair, an investigator working with special prosecutor Matt Chandler. A violation of the Governmental Conduct Act is punishable by up to one year in prison and a fine of up to $1,000.
Murphy now faces a maximum of 11.5 years in prison if convicted on all charges.
Prosecutors allege that Murphy solicited a bribe from potential judicial applicant Beverly Singleman, told District Judge Lisa Schultz to tell Singleman she needed to pay the bribe, and threatened to destroy Singleman’s reputation for telling others that he solicited a bribe from her.
No one besides Murphy has been charged or received notice that they may be indicted, but the investigation is ongoing. Murphy has pleaded not guilty to the felony charges.
The judge, who has been suspended pending the outcome of the criminal case, violated the Governmental Conduct Act by “soliciting money from a judicial candidate, by attempting to influence judicial appointments and the selection process, by threatening to ruin the reputation of a private attorney and/or anyone else that reported his conduct to the authorities, and by insinuating to courthouse staff that he is going to harm himself or others if he ‘goes down for this,’” the complaint alleges.
“Michael Murphy, by and through his own statements and conduct, has failed to conduct himself in a manner that justifies the confidence placed in him by the people, and has failed to maintain the integrity or discharge ethically the responsibilities of his commitment and oath to publicly serve as a judicial district judge,” the complaint states.
Murphy’s attorney, Michael Stout of Las Cruces, could not immediately be reached for comment.
Update, 5:05 p.m.
Stout sent this statement:
“Judge Murphy is, like all New Mexico judges, a person of high ethics and great integrity and was quite properly elected to his position. He takes seriously the confidence placed in him by the people and he has always discharged his responsibilities of public service in a responsible manner.
“Judge Murphy has certainly committed no crime of any kind – misdemeanor or felony. One might question the reason that an untrue misdemeanor charge is added to an already unjustified indictment, but Judge Murphy is innocent and looks forward to again serving the people.”
A prior version of this article incorrectly stated that Murphy is charged with paying a bribe for his position.