District Judge Mike Murphy
Warning: This article contains language that is explicit and many will find offensive. This article has been updated to include details from the Supreme Court’s order and other documents.
Third Judicial District Judge Mike Murphy, whose bribery trial is on hold pending an appeal of the dismissal of a misdemeanor charge, has agreed to resign from the bench to avoid disciplinary proceedings related to comments he made about gay people.
The State Supreme Court issued an order today accepting Murphy’s resignation and agreement to never again seek or hold judicial office. The order states that the agreement between the Judicial Standards Commission and Murphy to end his judicial career “was in the best interests of the judiciary and the public.”
You can read the order and the documents the commission filed with the Supreme Court here.
Technically, Murphy’s last day as a judge will be Feb. 24, but he hasn’t been on the bench since May, when the Supreme Court suspended him without pay pending the resolution of the criminal case.
Gov. Susana Martinez will be tasked with appointing someone to replace Murphy on the bench from among candidates recommended by a judicial nominating commission that will be convened. That appointee will have to stand for election later this year.
Murphy made no mention of the agreement with the commission today in a statement released by his attorney announcing his resignation. He said his departure from the bench is “reasonable… due to my age, my health and my current legal case so that the division I serve can be fully staffed for the benefit of the citizens of this district.”
Murphy’s comments led to statewide outcry
The commission’s notice of formal proceedings doesn’t include many details, but states that Murphy allegedly made “offensive and/or derogatory and/or inappropriate” statements about a person or group of people in a conversation with District Judge Lisa Schultz on Dec. 10, 2010. Such conduct allegedly indicated bias or prejudice and failed to preserve the integrity and/or independence of the judiciary, the filing states.
The agreement allowed Murphy to avoid admitting to any of the allegations.
The comments about gay people that sparked a statewide outcry from me and others came from a secret audio recording of that conversation made by Schultz. The recording came to light because it’s the basis for one of the bribery charges Murphy faces.
During the conversation with Schultz, Murphy shared details of a conversation he said he had with an employee of the court. Here’s what Murphy said:
“He, you know, I told him a big old nasty faggot joke, and he says, you do know I’m gay? And I said of course. I said, if you weren’t I wouldn’t have told you that joke.”
He also talked with Schultz, who is a lesbian, about a female cousin he described as being gay. Murphy said when men “hit on her,” she would tell them that they had a lot in common: “We both like to eat pussy.” He then described her as “a diesel dike from day one.”
Murphy spoke during the conversation with Schultz about a previous investigation into his conduct, referencing “my confidential deal about being, you know, uh, anti-gay, anti-Semitic.” He said such allegations are “a crock of shit. You know, I may be rude, crude, and socially unacceptable, but I’m none of those other things.”
You can find more details about the comments Murphy made here.
The bribery case
Meanwhile, prosecutor Matt Chandler said today that the bribery case against Murphy will continue.
“Michael Murphy was indicted on multiple bribery charges based upon facts presented to both a citizens’ grand jury and a Las Cruces magistrate judge,” Chandler said. “His resignation in light of the judicial standards investigation speaks for itself, and the criminal case will move forward.”
As NMPolitics.net reported last week, Murphy’s bribery trial had been scheduled for early February, but a judge has put the case on hold while the Court of Appeals considers whether to reinstate a misdemeanor charge of violating the Governmental Conduct Act.
Murphy currently faces felony charges stemming from two cases. His May indictment on four felony charges is based on allegations that he solicited a bribe from potential judicial applicant Beverly Singleman, told 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.
Separate from that indictment, Murphy faces another felony charge for allegedly offering “several promises” to Schultz in December 2010 if she would agree to be the tie-breaking vote to make Douglas R. Driggers the chief district judge in Las Cruces.
Murphy has pleaded not guilty to all charges. Today’s statement reiterated his determination to “vigorously fight.”