19. Legal Activities: Robert L. Murray (Disbarred, no longer practicing law) Describe the most significant legal activities you have pursued, including significant litigation which did not progress to trial or legal matters that did not involve litigation. Describe the nature of your participation in this question, please omit any information protected by the attorney-client privilege (unless the privilege has been waived). As a prosecutor, I participated in the investigation of two significant criminal cases: United States of America v. Billie MacJobe, et al, CR 78-042 TUC (WCF) and United States of America v. Catarino Murillo, et al, CR 81-363 (A) WPB (both cases are referred to in response to Question No. 18 above. The grand jury investigation in the Jobe case took two years to complete. Thousands of documents were subpoenaed by the grand jury and numerous witnesses appeared to testify before the grand jury. I coordinated the entire investigation. Eventually 16 people were indicted. As stated previously, the principal defendants pleaded guilty before trial. In the Murillo case, the grand jury investigation took more than one year to complete. Again, many documents were subpoenaed by the grand jury. Several convicted felons testified before the grand jury. The entire drug case hinged on the testimony of a convicted murderer. I spent months debriefing him about his knowledge of the drug conspiracy. All of these conversations were in Spanish. This cooperating individual testified before the grand jury. As a result, numerous individuals were indicted. All but the principal defendant pleaded guilty before trial. At trial the jury. found Murillo guilty, largely due to the testimony of the cooperating witness. As a U.S. Magistrate Judge, I presided over the settlement negotiations of hundreds of civil cases. I settled two separate personal injury cases (product liability) against car manufacturers in which each plaintiff obtained a settlement well in excess of two million dollars. I also settled a shareholders derivative lawsuit against the officers and directors of a corporation. Violations of the 1933 and 1934 Securities and Exchange Acts were alleged. After months of settlement negotiations with attorneys for insurance carriers, the case settled for fifteen million dollars. As a member of the Ninth Circuit Education Committee from 1988 to 1990, I participated in the planning of judicial educational programs. I also participated in one of those programs. Since 1985 I have participated in at least three Continuing Education of the Bar programs for the State of California. II. FINANCIAL DATA AND CONFLICT OF INTEREST (PUBLIC) 1. 2. List sources, amounts and dates of all anticipated receipts from deferred income arrangements, stock, options, uncompleted contracts and other future benefits which you expect to derive from previous business relationships, professional services, firm memberships, former employers, clients, or customers. Please describe the arrangements you have made to be compensated in the future for any financial or business interest. I have no vested interest in my judge's retirement fund. I have not been on the bench long enough for my retirement to vest. However, 8% of my salary per month goes into a retirement fund. When I leave service as a state court judge I will roll over the amount withheld into an IRA. Explain how you will resolve any potential conflict of interest, including the procedure you will follow in determining these areas of concern. Identify the categories of litigation and financial arrangements that are likely to present potential conflicts-of-interest during your initial service in the position to which you have been nominated. As soon as a case is assigned to me, I will attempt to learn the identity of the parties and the attorneys. I have a checklist of grounds for disqualification if it appears there will be a conflict of interest. If the conflict is one that cannot be waived by the parties and attorneys, then I will disqualify myself automatically. Those situations would include: my spouse or other relative appearing as a party, attorney or witness in the case; my having served as a lawyer in the case; my belief or another person's belief that I could not be impartial; and my having a financial interest in a party. If the conflict appears to be one that can be waived, I would ask the parties and their attorneys if they wish to waive the disqualification once I inform them of what I perceive to be the conflict. I would not seek to induce a waiver. A waiver must be in writing, signed by all parties and their attorneys. I do not believe there is any category of litigation which is likely to present a conflict of interest. I have not practiced law for almost eight years. There are also no financial arrangements that are likely to present a conflict of interest. However, I will follow the guidelines that are set forth in the Code of Judicial Conduct. 3. 4. 5. 6. Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the court? If so, explain. I have an agreement with the University of San Diego School of Law to be an Adjunct Professor of law for the Spring 1992 semester to co-teach a two-credit section in Lawyering Skills II. I teach the course every other week and my compensation will be a total of $750.00. List sources and amounts of all income received during the calendar year preceding your nomination and for the current calendar year, including all salaries, fees, dividends, interest, gifts, rents, royalties, patents, honoraria, and other items exceeding $500 or more. (If you prefer to do so, copies of the financial disclosure report, required by the Ethics in Government Act of 1978, may be substituted here.) Attached is a completed copy of the Financial Disclosure Report. Please complete the attached financial net worth statement in detail. (Add schedules as called for.) Attached is a completed financial net worth statement and schedules. Have you ever held a position or played a role in a political campaign? If so, please identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities. I have never held a position nor played a role in a political campaign. 1. 2. 3. III. GENERAL (PUBLIC) An ethical consideration under Canon 2 of the American Bar Association's Code of Professional Responsibility calls for "every lawyer, regardless of professional prominence or professional workload, to find some time to participate in serving the disadvantaged." Describe what you have done to fulfill these responsibilities, listing specific instances and the amount of time devoted to each. As a prosecutor, I always felt that I was serving the disadvantaged (victims of crime) by protecting them and fairly convicting those accused of committing crimes. I served as an Assistant United States Attorney for six and one-half years. As a judicial officer, I am precluded from engaging in the practice of law. However, I have participated in serving the disadvantaged by being a mentor for a hispanic law student during 1990. I made myself available to give advice and support to her during her first year of law school. At least twice a year from 1987 to 1990, I spoke to ethnic minority students at local grammar and junior high schools. All of these students lived and attended schools in low-income neighborhoods. I spoke to the students about law as a career and tried to answer any questions they had about the law. I continue to attempt to be a role model for ethnic minorities and particularly young women by speaking to various groups such as the Chicano Federation, La Raza Law Students and California Women Lawyers. I am presently a member of the Girl Scout Women's Advisory Cabinet. We promote Girl Scouting in the San Diego Community, especially in low-income schools and neighborhoods. The American Bar Association's Commentary to its Code of No. What you to If Is there a selection commission in your jurisdiction Yes. I believe I was one of three persons recommended to the - Senator by the selection commission. I completed an application similar to the American Bar Association's Personal Data Questionnaire and forwarded it to Mr. John Davies, Chairperson of the selection commission of which I believe there are five members. The commission conducted an investigation of my legal qualifications by sending questionnaires to or interviewing members of the bar. Thereafter, I was interviewed by Mr. Davies. Following that interview, I was interviewed by Mr. Floyd Farano, Legal Counsel to Senator John Seymour. Approximately one month after my interview with Mr. Farano, Senator Seymour called to tell me that he was recommending me as a candidate for nomination. Subsequently, I was interviewed by representatives of the Department of Justice, an FBI Agent and a member of the ABA Standing Committee on the Federal Judiciary. Has anyone involved in the process of selecting you as a judicial nominee discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as asking how you would rule on such case, issue, or question? If so, please explain fully. No. Please discuss your views on the following criticism involving "judicial activism." The role of the Federal judiciary within the Federal government, and within society generally, has become the subject of increasing controversy in recent years. It has become the target of both popular and academic criticism that alleges that the judicial branch has usurped many of the prerogatives of other branches and levels of government. Some of the characteristics of this "judicial activism" have been said to include: a. b. c. A tendency by the judiciary toward problem-solution rather than grievance-resolution; A tendency by the judiciary to employ the a vehicle for the imposition of far-reaching orders extending to broad classes of individuals; A tendency by the judiciary to impose broad, affirmative duties upon governments and society; |