Inquirer Judicial Candidate Questionnaire

Name: JOE MURPHYRunning for: Philadelphia Municipal Court

Political Party: Democrat/Republican

Campaign e-mail and Website: JoeMurphy4Judge@msn.com

Questions:

1. Why are you qualified and well-suited to serve as a judge on the court for which you are running?

I have been an attorney since 1974 with a broad range of experience which includes civil, criminal, domestic relations, commercial, real estate, orphan's court, and other fields of law. I have tried jury trials, bench trials, and arbitrations in the state and federal courts. I have argued in the appellate courts and negotiated the resolution of many cases in mediation and directly with opposing counsel.

I served as an Assistant City Solicitor early in my career, had my own practice for a number of years, and have worked in a small firm for many years. I understand government work, being self employed, and working in a group environment. I am a productive individual who knows how to get things done, and I can get along with people in the process.

I have been a lifelong resident of Philadelphia and have been in involved in Philadelphia activities during my 34 years of legal practice helping families, children and community groups.

I am a graduate of St. Joseph’s University (B.S. Accounting), Villanova University School of Law (J.D. and LLM in Taxation) and Temple University (LLM in Trial Advocacy) and am licensed to practice in Pennsylvania and New Jersey.

I am the father of three daughters, one of whom has Down’s Syndrome. Consequently, I am sensitive to issues of discrimination, and I believe in a level playing field for all. In furtherance of this endeavor, I have been active for 16 years with Special People in the Northeast. “SPIN” is a non-profit organization serving the needs of mentally and physically challenged infants, children, adults and senior citizens.

I am an honorably discharged United States Air Force Reserve Officer.

I believe my experience, background and temperament have prepared me for the challenges of being a judge.

2. Did you receive a rating of “recommended” or higher from the state or local bar association? If not, why not? Yes. The Philadelphia Bar Association found me recommended.

3. If you are an incumbent judge, what’s a recent instance in which you acted to preserve your judicial independence? If you are an aspiring judge, how do you plan to remain independent if elected to the bench?

Every judge must be independent in the execution of his duties. Part of this is accomplished by the judge's demeanor. The judge must make it clear to all by his or her appearance, words, actions, expressions, and overall demeanor that neither side has any advantage or influence with the judge. And, of course, this must be the fundamental principle upon which the judge operates. A judge is obligated to decide the case fairly and impartially. If it can't be done for any reason, then the judge should recuse himself. Obviously, if a conflict of interest presents itself, a recusal is required.

A judge must avoid the appearance of an impropriety. Therefore, if, for some reason, it would appear improper for a judge to handle a case, he should recuse himself. If, even without an appearance of an impropriety, the judge feels he can't be impartial, he must recuse himself. Otherwise, regardless of how difficult a decision may be, or how unpopular the issue may seem, a judge must decide the matter.

People are entitled to have independent judges. That independence must be more than a perception. It must be a reality. People are entitled to fair decisions. People must have faith in the judiciary. For that to happen, a judge must believe he is independent, be independent, and act in a fashion that will convey to others that he is independent. Finally, a judge should comply with the canons of judicial conduct.

I plan to be independent by following these principles.

4. A number of Pennsylvania judges have been sanctioned for campaign activities, ex parte dealings, and other alleged misconduct. How can the state’s judiciary prevent discipline scandals of the type seen recently?

The scandals that have rocked the judiciary recently have been inexcusable. Fortunately, most judges toil for years and years fulfilling their duties with honor and dignity, but their stories go untold. As a matter of prevention, ongoing educational programs for judges, similar to Continuing Legal Education for lawyers, should occur. This may help to clarify problems coming to judges before they actually arise, thereby enabling the judges to handle them in a better way.

The Judicial Review Board must act swiftly to address complaints brought to it. If founded, they must be pursued with vigor to completion. More transparency in their proceedings is warranted. Violations of the Judicial Canons should be made public

5. If you believe that gender, racial, ethnic, class or other forms of bias can infect the justice system, how will you work to keep your courtroom as bias-free as possible?

I simply will not tolerate it. I will not tolerate it from court officers, sheriffs, lawyers, stenographers, spectators, or anyone else. Jurors will be instructed that there is no room for bias for or against any party or witness in the proceedings. If a juror cannot follow that instruction, then the juror will be removed. The scales of justice is held by a woman who is blind folded. That is so she sees nothing to influence or bias her decision.

No person should win or lose a case because of their sex, religion, race, ethnicity, or any other form of bias. I will not permit it to happen in my courtroom. All people should be treated with respect and courtesy. I will lead by example.