Judge in courtroom scuffle 'fights' for seat

John A. Torres | Florida Today

MELBOURNE, Fla. — A Brevard County judge who last June engaged a public defender in a fistfight, used profanity and then proceeded to handle seven cases even though the public defender did not return to court, will find himself on the other side of the bench Monday.

And his strategy? Well, even though Judge John Murphy apologized for his actions and said he took full responsibility for his behavior he wants everyone to know how rude and disrespectful the public defender was.

Monday morning, Murphy goes before the Florida Judicial Qualifications Commission, an independent state agency that oversees judges, and could lose his position as a circuit court judge.

Murphy made headlines and just about every national morning news show when he challenged Assistant Public Defender Andrew Weinstock to a fistfight. A scuffle ensued just outside the courtroom. The argument — including a statement by Murphy saying he'd like to hit Weinstock with a rock — was captured by courtroom cameras, which also picked up the audio from the fisticuffs.Murphy was angry that Weinstock was refusing to waive a speedy trial, as is his right.

Murphy took a four-week paid leave of absence, went to anger management classes and apologized. He was allowed to return to work. In turn, Weinstock resigned his position in protest.

The JQC has accused Murphy of breaking several rules including failing to treat Weinstock with dignity, continuing cases without the lawyer present and basically not behaving like a judge should.

During a pre-hearing motion last week, lawyers for Murphy argued that they be allowed to present video of Weinstock's behavior with other judges and present a litany of witnesses who will testify to, well, Weinstock's personality.

"So, we are not trying to excuse (Murphy's) behavior because of Mr. Weinstock's behavior," said Murphy's attorney Larry Turner. "We are not trying to use it as a defense. This is not a blame-the-victim defense. But the behavior of Judge Murphy on June 2nd did not occur in a vacuum."

Turner calls it mitigation but it still kind of sounds like a blame-the-victim defense.

The JQC, in part, agreed.

They will allow a video involving Weinstock and another judge to be shown but they will not allow witnesses to testify about Weinstock's personality or demeanor.

"Although Mr. Weinstock's actions clearly do not 'excuse this judge,' as Judge Murphy acknowledged at (a previous) hearing, Judge Murphy has nevertheless indicated that he intends to introduce into evidence the following: video of 'the interaction between Mr. Weinstock and Judge Judy Atkin' occurring March 17, 2014, purporting to show rude behavior on the part of Mr. Weinstock toward Judge Atkin; and report dated February 9, 2015, from Florida Counseling Centers, to the effect that Judge Murphy felt 'compelled to protect the defendants who, in [Judge Murphy's] opinion were being harmed by the behavior of the [P]ublic [D]efender.' The report goes on to reflect that the Public Defender, in Judge Murphy's eyes was 'lazy, inefficient and incompetent,'" argued F. Wallace Pope, Special Counsel for the JQC.

Weinstock is expected to testify.