Michael D. Murphy
Encyclopedia
1st Lieutenant
Michael D. Murphy, was a United States Air Force
colonel
, and was commander of the Air Force Legal Operations Agency
. A former top lawyer in the Air Force, Murphy was relieved of his command on November 30, 2006 after Air Force officials discovered that he had been disbarred
more than 20 years earlier and did not have a law license.
Air Force Times
reported that Murphy was disbarred in Texas in 1984 and Louisiana in 1985. Murphy reportedly had never disclosed to his commanders that he was disbarred, despite Air Force rules requiring such disclosure. Ironically, Murphy had held the only two commander positions in the Air Force Judge Advocate Generals Corps, Commandant of the Judge Advocate Generals School, and Commander of the Air Force Legal Operations Agency.
Murphy served as general counsel to the White House Military Office
under President George W. Bush
from December 2001 to January 2003 and again from August 2003 to January 2005. Murphy had also served as commandant of the Judge Advocate General School
for six months, from January to June 2005.
Air Force Times reported that Murphy failed to file an appeal on time for a client convicted of burglary in 1981. As a result, the state of Texas sued Murphy in 1982 accusing him of professional misconduct. Texas then suspended Murphy’s law license for seven years. In January 1983 Murphy applied to be admitted to the Louisiana
bar, stating under oath that he had never been sued nor been the subject of a disciplinary action. Both Texas and Louisiana then permanently disbarred Murphy for lying on his Louisiana bar application, Texas doing so in May 1984 and Louisiana in September 1985. Murphy joined the Air Force after being suspended by Texas but before being disbarred by either state.
On May 29, 2007, court-martial charges were preferred against Colonel Murphy. The charges were absence without leave; failure to obey order/dereliction of duty; false official statement; larceny; and conduct unbecoming an officer and a gentleman in violation of the Uniform Code of Military Justice
(UCMJ) Articles 86, 92, 107, 121, and 133, respectively. The charges were forwarded to Major General Smolen for disposition.
On April 14, 2008, Colonel Murphy was arraigned
. If convicted of all charges, Murphy could have faced up to 41 years in prison.
Military members facing punishment may raise a "good soldier defense" that draws in specifics of their duty performance as mitigation against the charges against them. Murphy's performance record while assigned as White House Military Office (WHMO) general counsel from late 2001 to early 2005 remains under a nondisclosure agreement Murphy was required to sign as part of his assignment. The WHMO declined to release Murphy from his nondisclosure agreement, so Murphy was unable to discuss specifics of his assignment even to his lawyers. Records show Murphy had served with distinction, earning praise and promotion recommendations from superiors. The military judge ruled that without the WHMO records, Murphy would be unable to present a good soldier defense or adequately present mitigation evidence, and that the maximum punishment authorized would be no further punishment.
On March 30, 2009, Murphy's court-martial began at Bolling Air Force Base
in the District of Columbia, where he once was head of the Air Force Legal Operations Agency. Murphy was convicted of three counts of conduct unbecoming an officer and a gentleman, one count of failure to obey a general regulation, two counts of larceny greater than $500 and one count of larceny less than $500. The charges for conduct unbecoming and officer and a gentleman and failure to obey a regulation relate to Murphy's alleged failure to inform the Air Force of his disbarment in Texas and Louisiana while continuing to serve in positions that require a valid law license.
On February 22, 2010, Air Force spokesman Lt. Col. Barbara Carson announced that Murphy would be retired from the Air Force effective April 1, 2010. A commissioned officer is retired in the highest grade in which he served satisfactorily. Murphy was retired in the grade of first lieutenant
.
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
Michael D. Murphy, was a United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
, and was commander of the Air Force Legal Operations Agency
Air Force Legal Operations Agency
The Air Force Legal Operations Agency includes all senior defense counsel, senior trial counsel, and appellate defense and government counsel in the Air Force, as well as all Air Force civil litigators defending the Air Force against civil law suits claiming damages and seeking other remedies in...
. A former top lawyer in the Air Force, Murphy was relieved of his command on November 30, 2006 after Air Force officials discovered that he had been disbarred
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
more than 20 years earlier and did not have a law license.
Air Force Times
Air Force Times
Air Force Times is a weekly newspaper serving active, reserve and retired United States Air Force and Air National Guard personnel and their families, providing news, information and analysis as well as community and lifestyle features, educational supplements, and resource guides.Air Force Times...
reported that Murphy was disbarred in Texas in 1984 and Louisiana in 1985. Murphy reportedly had never disclosed to his commanders that he was disbarred, despite Air Force rules requiring such disclosure. Ironically, Murphy had held the only two commander positions in the Air Force Judge Advocate Generals Corps, Commandant of the Judge Advocate Generals School, and Commander of the Air Force Legal Operations Agency.
Murphy served as general counsel to the White House Military Office
White House Military Office
The White House Military Office , an entity of the Executive Office of the President, provides military support for White House functions, including food service, Presidential transportation, medical support and emergency medical services, and hospitality services...
under President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
from December 2001 to January 2003 and again from August 2003 to January 2005. Murphy had also served as commandant of the Judge Advocate General School
Judge Advocate General's Corps, U.S. Air Force
The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Air Force.- History :The United States Air Force became a separate military service in September 1947. On 25 June 1948, the Congress established an office of The Judge Advocate General ...
for six months, from January to June 2005.
Air Force Times reported that Murphy failed to file an appeal on time for a client convicted of burglary in 1981. As a result, the state of Texas sued Murphy in 1982 accusing him of professional misconduct. Texas then suspended Murphy’s law license for seven years. In January 1983 Murphy applied to be admitted to the Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
bar, stating under oath that he had never been sued nor been the subject of a disciplinary action. Both Texas and Louisiana then permanently disbarred Murphy for lying on his Louisiana bar application, Texas doing so in May 1984 and Louisiana in September 1985. Murphy joined the Air Force after being suspended by Texas but before being disbarred by either state.
On May 29, 2007, court-martial charges were preferred against Colonel Murphy. The charges were absence without leave; failure to obey order/dereliction of duty; false official statement; larceny; and conduct unbecoming an officer and a gentleman in violation of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
(UCMJ) Articles 86, 92, 107, 121, and 133, respectively. The charges were forwarded to Major General Smolen for disposition.
On April 14, 2008, Colonel Murphy was arraigned
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
. If convicted of all charges, Murphy could have faced up to 41 years in prison.
Military members facing punishment may raise a "good soldier defense" that draws in specifics of their duty performance as mitigation against the charges against them. Murphy's performance record while assigned as White House Military Office (WHMO) general counsel from late 2001 to early 2005 remains under a nondisclosure agreement Murphy was required to sign as part of his assignment. The WHMO declined to release Murphy from his nondisclosure agreement, so Murphy was unable to discuss specifics of his assignment even to his lawyers. Records show Murphy had served with distinction, earning praise and promotion recommendations from superiors. The military judge ruled that without the WHMO records, Murphy would be unable to present a good soldier defense or adequately present mitigation evidence, and that the maximum punishment authorized would be no further punishment.
On March 30, 2009, Murphy's court-martial began at Bolling Air Force Base
Bolling Air Force Base
Joint Base Anacostia-Bolling is a military installation, located in Southeast Washington, D.C., established on 1 October 2010 in accordance with congressional legislation implementing the recommendations of the 2005 Base Realignment and Closure Commission...
in the District of Columbia, where he once was head of the Air Force Legal Operations Agency. Murphy was convicted of three counts of conduct unbecoming an officer and a gentleman, one count of failure to obey a general regulation, two counts of larceny greater than $500 and one count of larceny less than $500. The charges for conduct unbecoming and officer and a gentleman and failure to obey a regulation relate to Murphy's alleged failure to inform the Air Force of his disbarment in Texas and Louisiana while continuing to serve in positions that require a valid law license.
On February 22, 2010, Air Force spokesman Lt. Col. Barbara Carson announced that Murphy would be retired from the Air Force effective April 1, 2010. A commissioned officer is retired in the highest grade in which he served satisfactorily. Murphy was retired in the grade of first lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
.