Judge Tells Attorney, 'I'll Beat Your Ass!'

boxingGlovesIntro by staff writer
By now, you have probably seen the viral video of Brevard County Judge John Murphy, telling public defender Andrew Weinstock, 'I'll beat your ass,' then calls him into the hallway where he attempted to make good on his threat. 

 

There has been lots of social media conversations about the incident with opinions ranging from both being stripped of their licences, to complete forgiveness because these are very stressful jobs.

Attorney taleph Haynes Davis has an opinion about everything. On this thread, he gives his opinion from a, legal and media standpoint and others chime in as well.

by taleph Haynes Davis
Respectfully, I believe that this news report does not "truly reflect negatively on all lawyers and judges to see this type of behavior" because all lawyers and judges do not act like this nor do all judges and lawyers expect to see anything like this nor does the public expect to see anything like this.

This may have not been the intent of your query above, but I do want to respond as a member of the Florida Bar and a lifetime media, public relations and broadcast professional.

Indeed, all of Central Florida is embarrassed by what has been reported and depicted by this publication

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of these alleged events (notice the attribution as to "what has been reported" because none of us were there and we do not know what, if any, other causes of action are forthcoming as result of the news report.)

While what has been reported in this news report and what the video associated with the news report appears to depict, IF FOUND TO BE TRUE, is indeed shocking, the fact of the matter is that if the substance of the report and if the substance of the video are found to be true, in my humble opinion, it would be an example of an isolated incident showing the behavior of two members of the Florida Bar acting in what appears to be unprofessional behavior.

I have never seen this or heard of anything like this ever, and I suspect that most on this comment thread have not either. However, if all of the depictions and substance are found to be true, that in no way whatsoever is an example of the every day professional acts and the every day professional demeanor of all members of the Florida Bar. As a result in no way could this news report, in my opinion, "truly reflect negatively on all lawyers and judges" because anyone who would argue that "all lawyers and judges" act this way or could act this way or do act this way on a daily basis would be flat out wrong.

This is a limited confrontation, as reported by the media. However, I do agree that this news report is clearly an embarrassment to all citizens of the Central Florida community and the Florida Bar membership because now this news report has gone viral and this great state of Florida is again on "nationwide blast" for all kinds of satire.

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Comments from social media thread. Last names have been blocked. Comments are unedited.

Kimberly ****** I know this is serious but how can one help but not laugh when reading the tagline. I apologize.

Thomas ****** Too much Judge Judy.

Neil ****** i take all channel 9 stories with a grain of salt. if true, not good. my first job was in brevard, but i don't know either of the involved parties. nothing funny that i can see.

Diana ****** The only insight I can add will make it only more shocking - this is a very well liked and respected judge and I would never have believed it if I had not seen the video myself. None of that is likely to help him if the public defender involved decides to pursue this to the max - criminal charges and serious, if not career ending, JQC action are possible if not likely. Having said all of that we deal with hundreds of thousands of cases a year in our local trial courts and very very rarely do you hear of a judge being the one who misbehaves--so keep it in perspective. It is a pressure cooker of a job -- kinda like being a courtroom lawyer--it takes a lot of patience. A LOT.

Thomas ****** People in general have lost respect for government at least the pd was trying to protect the rights of his client.

Eric ****** I agree with what Diana said, but would be willing to bet he takes some sort of leave and does some sort of "voluntary" anger management class and gets some sort of unpaid suspension. We should be very thankful that in Orange County we have a tremendous judiciary all of whom should be thanked for the work and service they do at a fraction of what they could make in private practice.

Randy ****** Lawyers and judges fighting is certainly a disrespect to the process we are all expected to respect. I invite you, Mr. Davis, to consider there may very well be some enjoyment, by some, in watching this as our "expectations" are higher for those in such positions. That was my point.

taleph Haynes Davis I do understand Mr. Randy ******. I mean, I started to post it yesterday when I first got a hold of it, and post it here in this page, but I did not because of the fact that it was Brevard and not Orange. However, although it is ripe for satire, and it definitely meets that 1st Amendment criteria, I just am also suggesting that as we satire this moment, if one chooses to do so, not to be over inclusive in the substance of the satire. When the word "all" is used and or the import of "all" is suggested, sometimes that is not good.

Thomas ****** It is a good thing to keep in mind that we all are human and no matter how high the standards sometimes we can fall short.

Randy ****** good point. But if you or I acted in such a way in court…we'd be thrown in handcuffs, found in contempt of court and thrown in the slammer.

taleph Haynes Davis You are probably right. And one could argue that these two should be held to the same standard if not higher. I expect more on this story to be reported and published real soon.

Kimberly ****** I agree Mr. Randy.

taleph Haynes Davis It's just that in this instance, as reported, one of the alleged participants is a judge himself. As a result, he is not going to put himself "in the slammer" because of his very own behavior as reported by this story.

Kimberly ****** What does this say to the people? You can't but we can?

Don ****** Here's one of the things that bothers me. The judge hits the APD and it's a misdemeanor. The APD, in the same situation, hits the judge, it's a felony. Other than that, I can agree with Diana ****** and Eric ******.

taleph Haynes Davis I believe it could say to the citizenry of all of Florida pay close attention to who is on the ballot for a judicial candidacy and do not take that political race for granted at all.

Thomas ****** Randy you are on that, what were the court deputies doing at that time. Who is in charge when the judge loses control of him self.

Kimberly ****** Good question Thomas.

Jennifer ****** I must have the worst luck because I have had several judges who have said things that even by other peoples opinions were over the top and uncalled for, one was even extremely unprofessional and the national DV advocates after hearing it (yes it was recorded) stated that it was indeed unprofessional and this judge needed to undergo training. But IMO I don't see judges as anything but people on a power trip , narcissistic to the core. But everyone has an opinion. Point me to a good and fair judge, who can truly be respectful to all without giving up any courtroom decorum? Not going to happen. They either respect the participants and lose control of their courtroom, or they are nasty and ruyle with an iron fist. I have never seen anyone in that position be able to keep control of the courtroom and not say stupid crap to participants.

Kimberly ****** Interesting to see an insider's view Jennifer ******. We, as lay people just assume that ,due to the power and title judge all parties are always respectful of him and his courtroom.

Jennifer ****** Oh i am a layperson lol! I am constantly in court against the same person, just different issues, therefore different judges. Eighteen court cases in nine years . You see a lot of judges and magistrates.

Jennifer ****** I also do some unofficial court watching.