An attorney for Circuit Judge Judy Vance Murphy has responded to allegations that led to Judge Murphy agreeing to a two-week suspension following an investigation by the Kentucky Judicial Conduct Commission.
When asked if she wished to issue a statement last week, Judge Murphy referred the Community Voice to Lebanon attorney Elmer George.
George spoke to the Voice on Thursday and discussed the allegations against Murphy as well as the process that took place after accusations were made against Murphy, who serves Adair and Casey counties.
“Judy is held in high esteem and respected by her peers. She’s held in high esteem and respected by the attorneys that practice in her court,” George said. The general public respects her because she shows them compassion and treats them with dignity from the bench. She’s an excellent judge.”
Before addressing the allegations against Murphy that stem from someone filing complaints against her, George discussed how the Judicial Conduct Commission, or JCC, operates and its authority.
“The JCC collectively acts as the prosecutor, acts as the investigator, and acts as the grand jury. It acts as the judge and the jury. This is nothing like how the Kentucky Bar Association is, that governs attorneys,” he said.
When the Bar Association conducts an investigation, one entity conducts the investigation, and any prosecution comes from a different entity.
“I am a little bit shocked that this commission, this Judicial Conduct Commission - one that obviously relates under the Constitution to the judicial branch of the government - has a system set up like this that really reeks of due process violations,” George said.
George responded to each allegation individually.
The first accusation alleges that Murphy leveraged her influence as a judge in handling a personal matter involving her daughter’s boyfriend and his mother.
“Judges are human,” George said. “This judge is a parent.”
George said an issue arose with her daughter’s boyfriend and his family, and Murphy called them to discuss the issues.
“She did this as a mother,” he said. “In my opinion, even though she signed the order, she did not leverage her position as a judge when she called (the boy’s mother) up because of issues that really disturbed (Murphy).”
At the same time, Murphy has another daughter who was battling an acute medical condition. George referenced that family matter when discussing an allegation that Murphy used her mobile phone during court for non-court related matters, which resulted in a claim of periods of inattention to judicial matters and the appearance of impropriety.
George said it is not uncommon for judges to use their mobile phones during court, and Murphy is perfectly capable of addressing any messages without being distracted from court proceedings.
“I’d say 90 plus percent of judges have telephones on the bench. I’ve had judges text and call me, sometimes about business, sometimes not,” he said.
“A parent cannot act as a judge all the time and divorce herself from her rights and duties as a parent,” he added.
George became emotional as he discussed the battle Murphy’s daughter has faced while battling leukemia.
“Since this order came out, I have had multitudes of lawyers who have commented that it’s nitpicking,” he said. “None of these (charges) are serious. None of them are crimes. Most lawyers can’t believe they even took the time to review these…This investigation has been going on for a year.”
Another accusation against Murphy came after she contacted an attorney and asked the attorney to write a letter on her behalf after Murphy was accused of being vindictive. Several attorneys wrote letters on her behalf, but in this particular incident, Murphy called the attorney instead of having her attorney make the call.
George said Murphy cooperated fully with the commission, and ultimately he and Murphy’s other attorney, Janet Stumbo, recommended that Murphy accept an agreement that left her with a two-week suspension so that she could put the matter behind her.
“This was in the best interest of her family,” he said. “This has weighed on her emotionally – with all her family issues – for over a year.
“I advised her to take the two-week suspension and move on with her life, even though, everything I reviewed, clearly reflected to me that what I saw she didn’t commit any crime and no ethical violations.”
With the signed agreement, George said it settles all accusations made against Murphy. The two-week suspension started Monday, Nov. 11 and ends Nov. 25.
“The matter is over,” he said. Everything has been resolved. I really hate what happened to her.”
By Sharon Burton
snburton@farmlandpub.com
