Stephen Murphy III explained

Stephen Joseph Murphy III (born September 23, 1962) is a United States district judge of the United States District Court for the Eastern District of Michigan.^[1]

Education

Stephen Murphy was born in St. Louis, Missouri. After graduating from high school in 1980, Murphy attended Marquette University. He received a Bachelor of Science degree in economics with a minor in English and graduated in 1984. He then attended Saint Louis University School of Law, where he edited the law review, served on the Moot Court Board, and won the White Family Fellowship in Public Law. Murphy graduated from law school in 1987.

Legal career

Following law school, Murphy served as a trial attorney for the United States Department of Justice from 1987 to 1992, hired under the Attorney General's Honors Program. Murphy worked in the Civil and Tax Divisions in Washington, D.C., where he defended various federal agencies and prosecuted criminal tax cases in federal district courts throughout the United States. Next, Murphy worked as an Assistant United States Attorney in Detroit from 1992 to 2000 where he prosecuted and tried various violent crimes, illegal narcotics cases, and several high-profile white collar criminal cases in Detroit's federal court. Following his time as Assistant United States Attorney, Murphy was an attorney with the General Motors Legal Staff in Detroit from 2000 to 2005, where he specialized in litigation, internal investigations, counseling on various business law issues, and other "white collar" matters. He served during that period as a public arbitrator for the National Association of Securities Dealers.

Murphy was an adjunct professor, University of Detroit Mercy School of Law from 1995 to 2003.

On March 9, 2005, Murphy began serving as the United States Attorney in Detroit, Michigan, pending full Senate confirmation. He was unanimously confirmed by the Senate on June 8, 2005. He was preceded by Jeffery Collins. During his term, Murphy worked to create innovative programs regarding national security and child protection issues. He also strove to strengthen the US Attorney's ties with federal and local law enforcement and with the community at large. Overseeing operations in Detroit, Flint, and Bay City, Murphy led one of the largest and busiest US Attorney's offices in the country.  During this time, Murphy also chaired the local U.S. Attorney General's Anti-Terrorism Advisory Committee and the Michigan High Intensity Drug Trafficking Area ("HIDTA") group.

Federal judicial service

On June 28, 2006, President George W. Bush nominated Murphy and Raymond Kethledge to fill two vacancies on the United States Court of Appeals for the Sixth Circuit. Murphy was to occupy a seat made vacant by the death of Judge Susan Bieke Neilson. Although Republicans held a majority of seats in the Senate at the time of Murphy's nomination, Murphy's nomination stalled after Democrats won control of the Senate following the 2006 midterm election. On April 15, 2008, President Bush renominated Kethledge and previous Clinton nominee Helene White to the Sixth Circuit, and Murphy was nominated to the U.S. District Court for the Eastern District of Michigan to replace Judge Patrick J. Duggan, a vacancy that had remained unfilled since 2000.^[2]

Murphy, along with Kethledge and White, received a joint hearing before the Senate Judiciary Committee on May 7, 2008^[3] and was confirmed on June 24, 2008.^[4] He received his judicial commission on August 18, 2008.

Since early in his tenure on the bench, Murphy has occasionally appeared as a speaker at events held by the Federalist Society, an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution.^[5]

Notable cases

• Acts 17 Apologetics v. City of Dearborn . No. 2:11-cv-10700, . 2012 WL 12961117 . E.D. Mich. . Feb. 7, 2012 . https://www.mied.uscourts.gov/PDFFIles/Acts17Opn.pdf. While attending an Arab International Festival in an effort to prevent conversions to Islam, a group of evangelical Christians was arrested after a festival worker claimed that one member threatened his safety.^[6] The Acts 17 members were acquitted of the charges by a jury. Subsequently, the Acts 17 members, including Nabeel Qureshi, filed action against the city, ten city employees, and two Arab American Chamber of Commerce officials with a twelve-count complaint alleging violations of defamation, assault, battery, and intentional infliction of emotional distress. The defendants moved for partial judgment, which Murphy denied.
• United States v. Hammond . 742 . F.3d . 880 . 9th Cir. . 2014 . https://www.mied.uscourts.gov/PDFFIles/HammondOpn.pdf. Steven and Dwight Hammond were convicted by a jury of arson on federal land. They were given sentences lower than the statutory minimum. Sitting by designation on the Ninth Circuit Court of Appeals, Murphy authored the opinion of a unanimous panel, finding that the district court erred by sentencing the defendants for terms less than the statutory minimum. Their sentences were vacated and the case was remanded for resentencing. The defendants' subsequent resentencing was the subject of protests planned by Ammon and Ryan Bundy, leading to a 40-day armed occupation beginning January 2, 2016 at the headquarters of Malheur National Wildlife Refuge.
• United States v. Liggons . No. 22-1236 . 6th Cir. . 2023 . https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0165p-06.pdf. In a January 23, 2020 hearing in a criminal case involving a Black defendant, Murphy commented in reference to the defendant, "This guy looks like a criminal to me." On August 3, 2023, on an appeal of the defendant's subsequent conviction, the Sixth Circuit Court of Appeals vacated the conviction, ordered a retrial, and directed that the case be reassigned to a different district judge. The Sixth Circuit reasoned that Murphy's "unacceptable remarks ... raise[d] the spectre of [racial] bias" and that "a reasonable observer could have interpreted the remark to indicate a prejudgment of [the defendant's] guilt based on [his] physical appearance."^{[7] [8]}

Notes and References

1. Web site: Judge Stephen J. Murphy, III . United States District Court -- Eastern District of Michigan . August 4, 2023.
2. News: . 2008-04-15 . Bush nominates Michigan appellate judge to 6th Circuit slot . Grand Rapids Press . 2023-08-04 . https://archive.today/20230804183844/https://www.mlive.com/grpress/2008/04/bush_nominates_michigan_appell.html . 4 August 2023.
3. Web site: Judicial Nominations Hearing . May 7, 2008 . C-SPAN.
4. Web site: PN1559 — Stephen Joseph Murphy III — The Judiciary. April 15, 2008. United States Senate. October 23, 2022.
5. Web site: Past Events: Stephen J. Murphy . August 4, 2023 . The Federalist Society . https://web.archive.org/web/20230804211559/https://fedsoc.org/past-events?speaker=stephen-j-murphy . 4 August 2023.
6. News: Persaud . Trevor . 2010-08-18 . Dispute in Dearborn: Small ministry creates big waves at Arab festival . Christianity Today . 2023-08-04 . https://archive.today/20120723054145/http://www.christianitytoday.com/ct/2010/september/1.17.html . 23 July 2012.
7. News: White . Ed . 2023-08-03 . Court throws out conviction after judge says Black man 'looks like a criminal to me' . ABC News . 2023-08-04 . https://archive.today/20230804085232/https://abcnews.go.com/US/wireStory/court-throws-conviction-after-judge-black-man-criminal-101997443 . 4 August 2023.
8. News: Raymond . Nate . 2023-08-04 . US court tosses conviction after judge says Black man 'looks like a criminal' . Reuters . 2023-08-04 . https://archive.today/20230804170041/https://www.reuters.com/legal/government/us-court-tosses-conviction-after-judge-says-black-man-looks-like-criminal-2023-08-04/ . 4 August 2023.