JUDGE’S PROFILE: MCBA Welcomes the Honorable Kevin Murphy to the Marin County Superior Court!

Morgan Daly

Governor Newsom recently appointed Judge Kevin Murphy to fill the vacancy left by retiring Judge Roy Chernus. Judge Murphy had already been presiding over Department F as a visiting judge for several weeks, taking over Judge Paul Haakenson’s calendar while he was on leave. At the beginning of this year, he moved to Department K, and took over the felony caseload from Judge Beth Jordan, who moved to family law. Through these assignments, he has already presided over half a dozen jury trials, and, aside from the fact that he instructs after closing arguments, by all appearances, the transition has been seamless.

It's not surprising that Judge Murphy is right at home here. He grew up in Marin. “I love the outdoors, the natural beauty, the proximity to San Francisco and the coast. And, the weather. It was a great place to grow up and it’s still a great place to live.”

But the ease of his transition likely has more to do with the wealth of experience he brings to the position. Judge Murphy served as an Alameda Superior Court judge since 2006 and, prior to that, as a Deputy District Attorney for the Alameda County District Attorney’s Office.

I joined him in chambers after the morning calendar to discuss his transition to the Marin County Bench, what inspired him to pursue a career in criminal law, and his judicial philosophy.

How is Marin County different from what you’re used to in Alameda County?

It is a very different experience here. As you know, Alameda County is a much bigger county with a much bigger bench, approximately 80 bench officers. On the criminal side, Alameda County operates with a master calendar as opposed to a direct calendar. For the majority of my career in Alameda County, I had a trial court assignment with, in some instances, an ancillary calendar one day a week. Most recently, for example, I was assigned to a felony trial court with an ancillary law and motion assignment every other Friday. I would try cases Monday through Friday except for my law and motion week.

In Alameda there are judges and courts assigned specifically to handle, for example, writs, mental health writs, mental health court, drug court, veterans court so there is a much different division of labor. The direct calendar approach where each judge handles all different manner of cases is very different.

One of the first things Judge Murphy noticed is the collegiality among the bar here in Marin County. I can tell that people get along with each other. It makes the job much easier for everyone. It’s a smaller community here, all of the courtrooms are in the same building, and folks see each other on a regular basis. Integrity and mutual respect go a long way. The same is true for the bench. You can’t disappear, he said. You have to be involved in terms of stepping up, whether it’s covering each other’s calendars or helping out in general.

Why the transition to Marin County?

An opening arose here at a time when I was thinking about moving. Judge Sweet and I have been friends for a long time, we shared an office in Oakland when we were both assigned to the law and motion division, and often discussed the idea of me moving over here if the opportunity ever arose. It did and here I am.

What do you like best about serving at the Marin County Superior Court, so far?

I am very grateful to have the opportunity to serve in the county where I grew up and still live I have

Judge Murphy shared that, as a student at USF Law School, he would take the 5 Fulton down to the Civic Center to have lunch with his father and his colleagues. Instead of the usual sports or office gossip, they would be chatting about deep subjects, like the Civil War. While his father worked in tax and antitrust, Judge Murphy would find his passion in criminal law.

When did you know you wanted to go into criminal law?

My first year criminal law and procedure class was, by far, the most interesting and challenging class that I took. I loved the subject matter, the issues, and how it played into the relationship between people’s rights and the law. That got me thinking about a career in criminal law. Then, between my second and third years of law school I landed a spot in the Alameda County DA’s summer program. That was an experience that solidified my interest in criminal law. It was fun, interesting, and challenging. After that summer I was convinced that criminal law was the path for me.

How has your experience as a prosecutor, and over 15 years on the bench shaped your perspective?

When I joined the Alameda County District Attorney, the DA was a man named Jack Meehan. He interviewed everyone who went through the application process. I recall him telling me how important the job of a deputy DA was and how integrity was at the top of his list. As a lawyer I was raised, so to speak, in that environment, an environment where if evidence supported a charge the case was prosecuted If the evidence did not, it did not and that was that. I learned that DAs possessed the power to charge and prosecute cases as well as the ability to not charge a case and to dismiss cases if and when it became apparent that the evidence did not support the charge. That was important to me and gave me a level of comfort that I valued. As a result, in my experience as a prosecutor, I tried all kinds of cases. I dismissed all kinds of cases. I charged all kinds of cases and declined to charge all kinds of cases. I think the experience gave me an appreciation for the importance of approaching each case individually and making decisions that were consistent with fairness and integrity.

What inspired you to become a judge?

Earlier in his legal career, Judge Murphy had the impression that judges are a bunch of grouchy old men. He later learned that this was inaccurate. Judges are people too, and it’s possible to do the job with integrity without being harsh and impersonable. So, when colleagues encouraged him to apply, he was open to the idea:

I never really had thoughts of pursuing a judicial position until a few judges who I knew well and had tried cases before in Alameda County suggested I look into it. I had been a prosecutor for quite a while and thought it might be a nice change. I viewed it as a chance to stay in the same profession but in a different role that would be challenging and important. I had seen over the years the positive impact that judges could have and felt that I could contribute in a positive way from the bench.

What is your judicial philosophy?

I would characterize my judicial philosophy as measured and deliberate. As a trial judge, it is not my role to make the law but to apply it to the various cases that come before me. Obviously, I need to make a whole host of decisions that I think appropriate but in doing so I want to and like to hear from all concerned parties. When you make a decision, very often one side is not as happy as the other. I try to create an atmosphere where people feel, though, that they are heard, that they will be treated fairly and believe that whatever decision that was made was made honestly and fairly.

If a colleague asked me about you, what would you hope I would say?

I’d want you to say that the judge is fair, intelligent, and conscientious, that he will listen to what you have to say and treat you and your client with respect and courtesy. And, that he will take seriously whatever the issue might be that is before the court.

And what would you like litigants to know about appearing in front of you? Any pet peeves?

Judge Murphy leaned back in his chair to think for a moment. Answer the question that you’re asked, he said. Wise advice from an experienced judge.