Judge Testifies He Was Sick but Didn’t Take Needed Medications

A Los Angeles judge accused of excessive absenteeism and misconduct testified Thursday that he did not take painkillers and anxiety drugs while attending a Caribbean medical school during his sick leave.

Superior Court Judge Patrick B. Murphy, in the fourth and final day of a hearing that could lead to his removal from the bench, said he should have but did not take his medication with him last January when he attended the Ross University School of Medicine in Dominica.

“It wasn’t a rational decision,” Murphy testified.

None of the drugs were available on the island of Dominica, added Murphy, who has testified he needs them because he suffers from chronic fatigue syndrome, fibromyalgia and a job phobia.

Murphy, 45, is accused by the state Commission on Judicial Performance of malingering, willful misconduct and dereliction of duty for excessive absenteeism. He’s accused of secretly attending the Ross school last January while being paid his $122,000 salary.

Murphy has testified he mistakenly believed an attorney had submitted papers for his disability retirement as a judge before he flew to medical school last January. Murphy testified Thursday that he left the school after two weeks because of headaches and insomnia.

A three-judge panel in Riverside conducting the hearing will issue a recommendation to the commission on Murphy’s fate in two or three months. The commission will then make a decision, which can be appealed to the state Supreme Court.

Murphy, who acted as his own attorney, after Thursday’s hearing confirmed that he talked with commission attorney Jack Coyle Wednesday night about resigning or other options to end the proceedings.

“I had a discussion with Mr. Coyle. But he asked the discussion be kept confidential,” Murphy said. “There is a myriad of options.”

Murphy filed for a disability retirement late last year, which the commission tentatively denied. Commission officials say Murphy failed to exercise a right to appeal within 30 days and now cannot get such a retirement.

The medical paperwork in his college application, filled in by Murphy’s friend Dr. Jason Boutros, omitted mention of chronic fatigue syndrome and fibromyalgia and the drugs he said he took for them, records show.

Murphy testified that he never told Boutros about those conditions because the doctor never asked about his ailments or medications. “It was the truth as far as it went,” Murphy said.

Justice Art W. McKinster asked: “A partial truth?” Murphy said that Boutros was not the physician treating him for chronic fatigue syndrome but that he saw Boutros every few months for flu and other ailments. Boutros had prescribed some medication, Murphy testified.

McKinster expressed amazement that Boutros would prescribe any medications for flu without knowing about the other drugs Murphy was taking. “You were a walking apothecary,” McKinster said.

Murphy also testified that he had told the admissions director for the medical school he was healthy because he was that day.