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Mar. 1, 2023

EDITH R. MATTHAI

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ROBIE & MATTHAI APC

EDITH R. MATTHAI

Edith R. Matthai co-founded Robie & Matthai APC in 1975 with her late husband, James R. Robie. Their daughter Leigh P. Robie is now a member of the nine-attorney boutique that focuses principally on professional responsibility matters.

Edith Matthai’s clients are mostly attorneys; about 25% are judges. “We’re busy, and the commission is active,” she said, referring to the Commission on Judicial Performance. “Letters are going out to judges.” She referred to the preliminary investigation announcements sent to judicial officers targeted for potential discipline.

“Some of the letters are simple, some can be 35 pages — and that means multiple allegations. And they all come with a quick response time. But I’ve been doing this long enough to know how to go about it.”

In a major win in December 2022, Matthai persuaded the Commission of Judicial Performance to clear Orange County Superior Court Judge Michael F. Murray.

After a seven-day hearing, a panel of special masters found no evidence that Murray, when he was a prosecutor, knew about alleged Brady material said to have been withheld from the defense in a 2015 murder case. The CJP then issued a 44-page decision that concluded “that Murray did not act in bad faith and commit prejudicial misconduct…” before he got his robe. Inquiry Concerning Judge Michael F. Murray, No. 207 (CJP, filed Jan. 5, 2022).

“The right result for a great guy,” Matthai said of Murray. “We developed responses to factual claims we felt were incorrect.” She added that she is “very pleased that this long-lasting ordeal for Judge Murray has finally come to a conclusion.”

Matthai was critical of the fallout, however. “After the commission dismissed the charges, the examiners filed a motion to change the standard regarding conduct that occurs before a judge takes the bench.” Matthai’s reaction: “C’mon, guys, fold your tent, you lost — that’s the polite way to put it.” The CJP declined to change the standard.

Another high-profile Matthai client is David R. Lira, a law partner and son-in-law of disbarred plaintiff attorney Thomas V. Girardi. Matthai is defending Lira in a civil suit in Chicago on claims by a former co-counsel who alleges Girardi and colleagues failed to pay settlement money to clients. Edelson PC v. Girardi et al., 1:20-cv-07115 (N.D. Ill., filed Dec. 2, 2020).

Earlier, Matthai represented Lira in contempt proceedings in the same court. “The judge did not hold David in contempt, but did issue a report that was not complimentary,” she said.

She and another lawyer for the defendants in January got a stay in the civil case while a pending federal criminal investigation plays out. “I’m not his [Lira’s] criminal lawyer,” Matthai noted.

– John Roemer

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