and a man who walked with leg braces and crutches, he was told Murdoch would be a distraction in the court- room. But Murdoch thought otherwise. “I always was good with people,” he
says, “and I’ve since learned that it’s the power of your personality that is much more important in the courtroom.” Murdoch was a public defender for
six years, where he tackled a number of high-profi le cases, including six that involved possible sentencing of the death penalty, when New Mexico law permitted it. “None of my clients ever got the
death penalty,” he says. Impressed by Murdoch’s abili-
ties, a judge recommended him for the judiciary. T is led to a judicial appointment by the governor of New Mexico at the early age of 32. In New Mexico, judges are appointed for a year, followed by an election. If they are elected, they are then put on a retention ballot in succeeding years. Murdoch is now in his 25th year on the bench. As a judge, Murdoch says he has
had too many memorable cases to single out one and that includes a case that was featured on 48 Hours, “T e Mortgage and the Murderer.” “T ey’re all diff erent in some
respects and they’re all touching people’s lives,” he says. Sentencing, he says, is especially
diffi cult. “Every sentencing has got to be fi t-
ted like a suit,” he says. “T ere are so many aspects to it. It’s a very weighty and thoughtful process.” Like anyone else, he is human and
fallible, and if he makes a mistake and releases someone who later commits a crime or a murder, he is labeled as a judge who releases murderers. He says he also is sensitive to the
stigma of criminality and the diffi cul- ties of reintegration into society. “I send people to prison if I feel
they need it,” he says. “But if I can fi nd a way to make them useful to society while being protective of citizens, I will do that.”
MCCA.COM
with them when he was attending the University of New Mexico, and the sport became a lifelong passion. It was in the early 1990s that a community center asked Murdoch to organize a youth team. “T ere was a young man without
legs playing basketball there with nor- mal kids and they wanted to organize a team for him,” he says. “I started
faces on the job, making decisions that he hopes will improve the quality of life in our society, something he may never have had the opportunity to do had he given up because of his disability. D&B
Tom Calarco is a freelance writer based in Altamonte Springs, Fla.
MARCH/APRIL 2011 DIVERSITY & THE BAR®
T e judge is a deeply moral man
who credits the development of his ethics to discussions he had with his father about the way people treated him as a result of his disability. “He told me that prejudice is a
combination of fear and ignorance. You don’t fi ght back but you educate,” he shares. Murdoch’s infl uence goes far
beyond the courtroom. He developed and taught a course on the science of prosecution to police offi cers, and has been teaching Evidence and Trial Practice at the University of New Mexico Law School. He also is associ- ated with the Drug Core rehabilita- tion program in Albuquerque. One of his most gratifying experi-
ences was as coach of a youth wheel- chair basketball team. He became involved in the sport while in college after meeting Vietnam vets who played. He met future Lakers star, Michael Cooper, who came to play
inviting kids to come in, and it took off . We had a strong team for 15 years and won the Southwest Conference, and there was only one time when we didn’t make the nationals. It was fun. But it was more than just about basketball. We learned how to take care of each other.” T e success of the team and the
personal relationships that developed were captured in an acclaimed docu- mentary, Kissing the Wheels, in 2003. “It’s inspirational and heart
wrenching,” Murdoch says. “Phil Jackson showed it to the Lakers.” Four years ago, however, the team
disbanded. “We just ran out of kids,” Murdoch
says with regret. Murdoch gives a lot of his time to
school kids and regularly speaks at middle schools. He talks about the decisions we all face as we grow into adults. It’s something he knows a lot about and something he constantly
11
My father told me that prejudice is a combination of fear and ignorance. You don’t fight back but you educate.
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