BREVARD COUNTY, Fla. — The Florida Judicial Qualifications Commission has recommended that Brevard County Judge John Murphy be suspended without pay for 120 days and be fined $50,000, WFTV learned Wednesday.
The panel also said Murphy should continue participating in a mental health therapy program until he is successfully discharged.
The recommendation stems from an outburst in Murphy's courtroom last year that ended in a confrontation with public defender Andrew Weinstock.
The confrontation started with a disagreement over a waiver of speedy trial and ended in a scuffle outside the courtroom.
PDF: JQC findings, conclusions and recommendations on Judge Murphy
Raw: Judge tells attorney 'I'll beat your ass' (Warning: Graphic language)
At one point, Murphy told Weinstock in court, "You know, if I had a rock I'd throw it at you right now. Stop pissing me off. Now sit down."
When Weinstock continued to argue with the judge, Murphy said, "I said sit down. If you want to fight, let's go out back and I'll just beat your ass."
At that point, Weinstock and Murphy left the courtroom. Weinstock said that's where Murphy punched him, but Murphy said he only grabbed the attorney by the shoulders after he was shoved in the chest.
Along with the suspension, fine and therapy, the panel recommended the judge be publicly reprimanded.
"This recommended sanction is one of the harshest we have seen recommended by a panel for a sitting judge," WFTV legal analyst Bill Sheaffer.
In its findings, the panel said "Mr. Weinstock's behavior deserved to be disciplined, but Judge Murphy's comments to Mr. Weinstock were reprehensible."
The panel also said, "The altercation between Weinstock and Judge Murphy created a remarkable national embarrassment not only for the judiciary of the State of Florida, but for its citizens as well."
In a written statement, Chief Judge John Harris said it would be inappropriate to comment before the case reached its conclusion.
"It's imperative that this judge puts into place something that guarantees that this behavior will not repeat itself," Sheaffer said.
The Florida Supreme Court will review the recommendation order and decide if it is appropriate.
Sheaffer said they will weigh the judge's efforts at rehabilitation with his actions.
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WFTV
