Judge fighting for job as panel reviews scuffle

A Brevard County judge who told a public defender during a 2014 courtroom hearing that he would "beat his ass" faced an hearing panel Monday, telling members that he did not hit the attorney during a scuffle but conceded his anger got the best of him.

"I'm the one in charge of what I do. I'm the one who said those things," Judge John C. Murphy told the six-member panel during the first day of testimony in the two-day hearing at the Moore Justice Center in Viera.

The group, made up of two attorneys, two judges and two citizens, is reviewing charges that Murphy acted inappropriately during the June 2, 2014 scuffle with Assistant Public Defender Andrew Weinstock and that he continued to preside over seven cases despite Weinstock's departure following a hallway confrontation. The Florida Judicial Qualifications Commission's panel will ultimately recommend to the Florida Supreme Court whether the judge, first elected in 2006, will keep his job. Weinstock is now in private practice. No criminal charges were filed in the case.

" I had two hands on him," the judge explained when asked to describe the physical confrontation. "He was coming at me fast. I thought I was being attacked. I did not hit Mr. Weinstock. I did not punch him," adding that Weinstock first pushed him in the chest, prompting Murphy to grab Weinstock by the shoulders and swing him around until he hit a shredder bin in the hallway. There were no eyewitnesses.

Sumter County Circuit Judge Michelle Morley of the Fifth Judicial Circuit, is overseeing the hearing, which included portions of the widely circulated video featuring verbal sparring. Murphy, who described Weinstock as rude, made national headlines when the video hit the Internet.

The argument — including a statement by Murphy saying that if he could, he would hit Weinstock with a rock during a contentious exchange — was captured by courtroom cameras. The courtroom microphones picked up an off-camera commotion with Murphy in the hallway saying, "do you wanna (expletive) with me?"

Murphy later said he was angry that Weinstock was refusing to waive a speedy trial for his clients. Murphy's counsel, Larry Turner, said his client admitted making inappropriate comments toward Weinstock. The judge has since taken an anger management class and is still hearing cases. Public Defender Blaise Trettis supported Murphy's return to the bench.

Weinstock also took the stand, saying that Murphy essentially was pressuring him and his clients over setting court dates for their misdemeanor hearings. "When I feel like a judge is trying to screw my clients over, I will say so," the attorney said, defending his comments on the video.

"I enjoyed being a public defender until this happened. This was so far over the line. I think he should be removed from office. I'm not vindictive but it's so far over the line to attack an attorney because they're trying to protect the rights of his clients," he said.

F. Wally Pope Jr., special counsel selected by the commission, told the panel that Judge Murphy used foul language during the hearing, belittled Weinstock several times from the bench and then invited the attorney to fight twice. Both stepped into the hallway where, "(Weinstock) was hit two times in the face," Pope said. Pope also fired a quick salvo with his first question by asking the judge if he recognized that the court system was designed to replace violence.

Several of the panelists also questioned both the judge and Weinstock, with one member telling Murphy that she was disturbed that he continued to hear Weinstock's clients, even after the attorney left following the confrontation. "I should not have done that," he admitted.

Turner said Murphy, a 29-year veteran of the U.S. Army who served a year in Afghanistan, was provoked by an attorney who was disrespectful, defiant and dismissive toward both his own clients and the judge. The hearing panel will make a recommendation to the Florida Supreme Court over whether to reprimand, fine or remove Murphy from the bench. Testimony continues today.

"At first blush it looks like a pretty simple case but I assure you it's not. What you have on that video is one hour of one day of a very, very fine man," Turner told the panel during an opening statement.

"What you see is not who this man is. The question is why did this happen."

The key players

Judge John C. Murphy: Murphy grew up in a military family and is a 29-year veteran of the U.S. Army and served a year in Afghanistan. He was first elected in 2006 as a Brevard County judge and was reelected in 2012 without opposition. His current term is set to expire in 2019.

Andrew Weinstock: Worked eight years as a public defender. He quit the agency after objecting to Murphy's return to the bench after a four-week leave of absence. He now works with a private firm.

Judge Michelle Morley: She is a Fifth Judicial Circuit Court judge in Sumter County and was elected in 2006. She was born in the Bronx, NY and has her law degree from Stetson University College of Law. She practiced family law and civil litigation before her election.