Judge who sued Herald reprimanded by SJC
By Globe Staff
Superior Court Judge Ernest B. Murphy was publicly reprimanded by the state's highest court for writing threatening letters to the publisher of the Boston Herald after winning a $2 million libel verdict against the newspaper.
In a 12-page decision released today, the Supreme Judicial Court ruled that Murphy "plainly crossed the line" by writing two letters to publisher Patrick Purcell on court stationery demanding that the newspaper drop its appeal of the verdict and hand him a check for $3.26 million.
"For a sitting judge to state with repeated emphasis that he knows with complete certainty what will happen in a case is a misuse of the power and prestige of judicial office," the SJC wrote in its decision. "The judge's use of an official court stationery envelope to mail the message exacerbated the misuse."
Murphy has agreed to leave the bench because of an unspecified disability. He has been on a paid leave of absence since July 30, 2007, because, he said, he suffers from post-traumatic stress as a result of his long legal battle with the Herald.
Murphy, who had been a lawyer for 30 years before his appointment to the bench in 2000, came under attack in a series of Herald articles in 2002 that portrayed him as soft on criminals and insensitive to victims. One story, quoting anonymous sources, alleged the judge had instructed lawyers during a conference in his chambers to tell a 14-year-old rape victim to "get over it."
Murphy, who successfully sued the Herald for libel, testified at the Suffolk Superior Court trial that he had said the victim would need help to get over the attack. The judge said the stories prompted a deluge of hate mail and threats to his family.
In February 2005, a jury found that the Herald had maliciously published false and defamatory material about Murphy and ordered the newspaper to pay him $2 million.
After the verdict, Murphy wrote two letters to Herald publisher Patrick Purcell on court stationery, demanding that the newspaper drop its appeal of the verdict and hand him a check.
Murphy warned in the letters that it would be a "BIG mistake" for Purcell to share the letters with his lawyers and wrote, "You have a ZERO chance of reversing my jury verdict on appeal."
The Herald did not settle the case because of the letters, but published excerpts from them in December 2005, about the same time Murphy launched an unsuccessful effort to have the newspaper's assets frozen until his case was resolved.
During a hearing in November, Purcell testified that the letters were intimidating and looked like ransom notes. Murphy apologized for writing them on court stationery but insisted they were truthful and proper. A hearing officer recommended a public reprimand for Murphy. But in April the Judicial Conduct Commission found the letters reflected "willful misconduct" that damaged the judiciary's reputation, and urged the Supreme Judicial Court to impose much tougher penalties.
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What an idiot! He wins his case and can't just let it go. Like he said to that rape victim, "Get over it" judge!
Judge Murphy represents everything that is wrong with the legal system. The good news? He'll have to leave the state to go play the puppies in a few years. What an evil and despicable man.
reprimanded. how about firing his sorry butt.
they should reverse the original verdict and have him repay the Herald.
Paid vacation since 2007 because his feelings were hurt??
I wish I had a government job.
2 million dollars!!! are you kidding me!!!! He should have gotten a check for $50 and told to get over it!!!!! Unbelievable this is where the states money is going!!!!!!!!!!
Maybe they should fine him $3.26 million dollars.
Well, at least that's one less dirt bag out of their position of power. This guys was a total clown. His only "unspecified disability" is that he's an idiot.
Will he lose his pension?
disability? is this judge still on the payroll?
Does anyone actually read these stories? The judge did NOT say "get over it". The herald lied when they knew it was untrue. Hence libel!
Still, he seems to be a bit crazy in his victory dance.
I don't really like sports
The judge is either an idiot or he has dementia. Either way he shouldn't be allowed to sit on the bench ever. $2 million was way too generous.
Wins the lawsuit... resigns in disgrace... but will get a fat state sponsored pension because he retired "on disability". What a crock.
the judge is crazy and he's actually a judge. time for the impartial judge to step down
HIS OTHER JUDGE BUDDIES STILL TOOK CARE OF HIM. WHAT A SYSTEM DO WRONG BE BAD & GET PAID!!!
The most ignorant and obnoxious judge ever been appointed to the bench. His total disregard for the law is a shame to our judicial system.
So many inaccuracies and illogical thoughts contained in these posts - it might not be worth it to try and correct them, but here it goes:
To po'ed: The state didn't pay Judge Murphy the money, (the damage award or judgment) the Herald did. Do not confuse that with his pension, which the state pays. Further, a judge makes 136,000 a year, which is not a large sum when you consider the amounts partners in law firms make, which could be in the millions. The Herald was found to publish false accounts of interactions and conversations with attorneys. If this happened to you, you would be equally as distraught, or more, and demand to be paid for your damages.
To Rosey, 2 million dollars was the damage award given by a jury of his peers as the Constitution demands. Citizens in this commonwealth said it was worth 2 million, thus it is worth 2 million. That is the way our system works - if you do not care for the system, then try and change it.
To bigheadtodd: How is someone who was libeled evil? Is someone despicable who was then paid their damage award? Just because he threatned the people who damaged him does not make someone evil. If you were damaged by someone, and you told them that you were angry and that you should be careful about attemtping to hurt you again in the future by continaully litigating the issue, are you an evil person? Evil is malice, evil is hurtin another, which Judge Murphy didn't do, he told them, in forceful and angry language, to not follow an appeal and to simply pay him what was owed.
Lastly, the pension system in place is part of the law. It is codified in statute. If anyone disagrees with it, then lobby your representative or Senator to change the law. Until then, stop complaining about it. He is only doing what is entitled tohim by the law
People should think before they type these things. I am not a schill for Murhpy, but people's thoughts on the matter are so far removed from reality and do not take into account the systems in place, including the law, that it makes you wonder if people actually understand the world they live in. If people want to chnge the systyem, then it starts at the ballot box, not on a chat board.
I really don't like sports either.
hey lets get careful in making comments whose effect are to bring the whole judiciary into ridicule and disrepute lest we undermine the importance of this crucial institution!
This blogger might want to review your comment before posting it.
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