Remarks of District Attorney Gregory D. Totten

Enrobing Ceremony of

Judge Patricia M. Murphy

April 21, 2006

Judge Smiley, Judge Murphy, honorable members of the bench and bar, and honored guests.

It is a great privilege for me to speak on behalf of Judge Murphy at her enrobing. She has been so much more than a colleague -- she has been a true friend and wise counsel who represents the best in our profession.

While everyone in the District Attorney's Office is happy for Judge Murphy, we have been going through a mourning of sorts over losing her to the bench. This transition has been particularly difficult for me. I have been warned several times that it is unbecoming for a grown man to cry.

On reflection, March 8, 2006, began like any other day in the District Attorney's Office. There were cases in trial, calendars under way, and filing decisions being made. But that afternoon, then Chief Assistant District Attorney Patricia Murphy walked through my door with a grin on her face and a twinkle in her eye, and uttered the words, "I got the call." Suddenly, I knew . . . the day I had hoped for, and yet secretly dreaded, had finally come. Patricia Murphy was to be Ventura County 's next Superior Court judge.

For a brief time, I thought this can't be so. Who does the Governor think he is? After all, this is Patty Murphy we are talking about. She is a prosecutor's prosecutor, who loves her work and her colleagues. She would never give all this up for the lonely, isolated, and boring existence of a jurist.

She has spent her career standing and delivering in front of juries with great eloquence, passion, and conviction. How could she now be content to sit on the sidelines as a neutral arbiter where the opportunities for stirring elocution are limited to words like, "sustained". "overruled". "denied" . "granted," and my favorite phrase, "let's take our morning recess."

Then suddenly it dawned on me - think of the names. There is Brodie, Kellegrew, McGee, O'Neill, Riley, and now Judge Murphy. Why it has to be an Irish-American conspiracy! They are taking over the Hall of Justice!

But alas, reality has set in and I have accepted a simple fact: Judge Murphy has achieved something she aspired to for many years and the Governor wisely appointed her to the bench because he recognized what all of us have known for years. Judicial service is more than a job for her - it is a calling. She will bring great honor and distinction to a Superior Court that has already distinguished itself as one of the best in the state.

During her 18 years as a prosecutor, Judge Murphy was respected as a tough and talented trial lawyer and administrator. But beyond these professional skills, she also brought humility, human kindness, and absolute integrity to her work. These latter qualities were a part of Judge Murphy's character long before she joined the District Attorney's Office and will be ever-present in her courtroom.

Another respected jurist, former United States Supreme Court Justice Sandra Day O'Connor wrote, "We don't accomplish anything in this world alone . and whatever happens is the result of the whole tapestry of one's life and all the weaving of individual threads form (FROM?) one to another that creates something."

I am sure Judge Murphy would agree with Justice O'Connor's observation, for her family and experiences definitely shaped the person she is today. She grew up in the Van Nuys area of Los Angeles County in a large and loving family where her parents, Ed and Loretta Murphy, emphasized the importance of hard work, self-discipline, and education to Patty and her siblings, Gary , Debbie, and Mike. Notwithstanding their modest means, the Murphys insisted upon parochial school educations for all four of their children.

Judge Murphy attended St. Bridget of Sweden School for kindergarten through eighth grade and Louisville High School where she excelled in academics, gaining admittance to the National Honor Society. Then it was on to Cal State Northridge for undergraduate studies in political science and a bachelor's degree, which she earned with honors. She completed her formal education at Southwestern School of Law where she again graduated near the top of her class and made a name for herself in the Moot Court program.

Beyond academic success, old-fashioned hard work and experience with conflict resolution were also a part of the tapestry of Judge Murphy's life. During high school and college, she worked as a grocery cashier where, in addition to handling countless transactions, she also gained a reputation for her ability to resolve customer disputes and employee grievances. Perhaps this experience explains why she is grounded and understands people from all walks of life. It also offers the first glimpse of her ability to judge the behavior of others and resolve conflicts.

While in law school, she continued working, serving stints as a law clerk in the Los Angeles District Attorney's Office and at a private law firm. She even got a firsthand look at the judiciary as a legal research assistant with the Los Angeles Municipal Courts.

Interestingly, it was exactly 20 years ago that Judge Murphy held this position with the courts and for anyone who might be tempted to do some quick math, she advises that the courts had to obtain an exemption from child labor laws to hire her.

After her experience with the denizens of the Los Angeles justice system, to our good fortune, Judge Murphy, with Solomon-like wisdom, sought a deputy district attorney position here in Ventura County .

In reviewing the records of her interview, I came across a rating form prepared by then-Chief Deputy Vince O'Neill, who was known as a particularly tough evaluator of job applicants. He was apparently so impressed that he gave her a perfect score in virtually every category and even wrote a comment about her determination to be a prosecutor. Although, Chief Deputy O'Neill, for some inexplicable reason, made one significant error - he misspelled her name on the rating form. He apparently thought she was from the O'Murphy clan.

Not surprisingly, Judge Murphy was hired and sworn in as deputy district attorney in December 1987. Her 18 years of service in the District Attorney's Office is a testament to all that is good in the prosecutor profession. Patty enjoyed a career that was marked by success in the courtroom, principled leadership, and many firsts. To name just a few:

• Patty was the first prosecutor assigned to a newly created unit focusing exclusively on car theft, and obtained the county's first guilty verdict for the crime of carjacking.

• She was the first woman prosecutor to obtain a death verdict as co-counsel in a capital murder case.

• But for me, the "first" that stands out is her exceptional work as my first chief assistant.

The role of chief assistant has always been a tough yet vital job. The work requires long hours and many thankless tasks. One has to have the trust and respect of colleagues and law enforcement and the strength of character to deal with problems directly. The chief assistant has to have the courage to tell the boss when he's making a mistake - thankfully, in my case, Judge Murphy only had to do that once or twice. a day. Above all, the chief assistant must be a truth teller who always seeks what is right and just without being self-righteous. Judge Murphy did all of this with great grace and dignity. I will be forever thankful for her outstanding service to the office, to the People of Ventura County, and me.

Along her career path, Judge Murphy met another young prosecutor, Richard Shimmel. The two fell in love and were married in 1992. Richard, who is a fine lawyer in his own right, today serves as the Executive Director of the Ventura County Deputy Sheriffs' Association. Judge Murphy and Mr. Shimmel have a terrific son Matthew who, at age 11, is already displaying the intellect and verbal skills of a future lawyer. Beyond great genetics, Matthew may also have benefited from having a front row seat in the murder case Judge Murphy tried when she was eight months pregnant.

Former U.S. Supreme Court Justice Robert H. Jackson, who during his distinguished career also served as Attorney General and Chief Prosecutor at Nuremburg, spoke often about the cause of justice and likened it to a story about three stonemasons who were asked by a passerby what they were doing.

The first responded, "Earning my living"; the second, "I am shaping this stone to this pattern"; and the third lifted his eyes and said, "I am building a cathedral." Justice Jackson would comment that "it lifts up the heart of a judge to listen to an advocate who obviously knows that he is building a cathedral."

Judge Murphy built many cathedrals during her distinguished career in the District Attorney's Office. Judge Murphy's quiet confidence and mental toughness never faltered; she never relented, always sought justice, and along the way touched many lives both in the office and in the community. Indeed, she made a difference and the District Attorney's Office is a better place for her extraordinary service.

On April 7, I attended a small ceremony where Judge Murphy took the oath and officially assumed the position of Superior Court Judge. It was a simple ceremony with much less pomp and circumstance than today's enrobing.

As I stood and watched her take the oath that afternoon before a small group of family and friends, I was struck by the significance of that brief moment in time. So often we rush through life at such a hurried pace that these ceremonies are viewed as little more than a milestone and an occasion to celebrate; a position reached by virtue of one's qualifications, preparation and supporters.

Certainly that simple ceremony, and in a larger sense, today's formal enrobing symbolize and officially record a great achievement and the beginning of the next phase of one's career. But there is more, for I have always believed that everyone has a purpose in this life. So that day as I proudly watched Judge Murphy raise her right hand and take the oath I realized that the awesome responsibility of judging others was that purpose for which she has been specially called by forces much more powerful than anyone in the Governor's Office. And for first time since the day she walked through my door and announced her appointment, everything seemed exactly as it should be.

No matter the significance of the issue or the fevered pitch of the advocacy, Judge Murphy's courtroom will be characterized by the solemnity, dignity and fairness that every party entering the Hall of Justice seeks and rightfully deserves.

She will indeed build more cathedrals as a member of this court.

Best wishes your honor. May God richly bless you always.