JAMES A. MURPHY

James A. Murphy, a founding shareholder of Murphy, Pearson, Bradley & Feeney PC, has represented lawyers and judges since he got his bar card in 1974. He opened the firm’s doors when he was just 29.

“When we started, there were very few legal malpractice cases. We expanded slowly over the years,” he said. He’s represented more than a dozen judges before the Commission on Judicial Performance and appeared in more than 75 jury trials that have gone to verdict.

“There are a lot of lawyers in California,” he observed. “It’s a big market.” About 85% of Murphy’s practice is concerned with representing lawyers; about 15% of the time it’s judges. “But the judges get the headlines,” he said. “The commission is very active in investigating judges, and they’re newsworthy.”

His clients have ranged from a Santa Clara County judge who fixed tickets for his son to a San Diego County jurist accused of campaigning against Barack Obama and trying to disprove his birth certificate.

“I’ve had four types of successful cases recently,” Murphy said, who declined to name names, “trials, arbitrations, dispositive motions and affirmations on appeal.”

Currently known to be on Murphy’s client roster: Lassen County Superior Court Judge Tony R. Mallery, accused in 21 counts by the CJP of retaliation against lawyers who sought to disqualify him; of prejudging defendants’ fitness for diversion programs; of suggesting to the district attorney that she charge traffic violations as infractions to prevent defendants from having access to counsel; and of repeatedly rejecting plea agreements as too lenient.

“Judge Mallery’s actions were lawful, ethical and consistent with his duties as a judge, both presiding and associate,” said an answer filed by Murphy.

When lawyers and court staff began cooperating with the CJP’s investigation, Mallery allegedly told the court’s chief executive, “Snitches get stitches,” the commission’s notice of formal proceedings said. Inquiry Concerning Judge Tony R. Mallery, No. 208 (CJP, notice filed Sept. 12, 2022).

In late January, Murphy persuaded the special masters presiding over Mallery’s disciplinary hearing to continue the matter until March 31 while discovery reopens.

“It’s not usual to have a judge under investigation for the entire time he’s on the bench,” said Murphy, who has accused a “cabal” in Lassen County of seeking Mallery’s ouster. Mallery was elected in 2012. “I’ve never had a case like this one.” He said some 18,000 pages of documents had been produced so far.

Mallery acknowledges he has made mistakes, Murphy wrote, “but none worthy of his removal.”

“My gut tells me this is a small community with strong feelings from people in positions of power, and Tony came in and over the years ruffled feathers,” Murphy said.

– John Roemer