As expected, President Clinton on Tuesday formally nominated Utah 3rd District Judge Michael Murphy to the federal 10th Circuit Court of Appeals.
The administration had previously let it be known that Murphy was its choice for the job to replace Utahn Monroe McKay, who took "senior" or part-time status on Jan. 1, 1994, on the Denver-based appeals court.The nomination was made formally after the FBI finished its background checks on Murphy. Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, said he will hold confirmation hearings for Murphy as soon as possible.
The nomination would finally fill the vacancy that remained open for more than a year and a half - largely because the FBI had delayed clearing the first choice for the vacancy, Salt Lake lawyer Dan Berman. He later withdrew his name for personal reasons.
Utah officials were quick to praise Murphy and to predict a smooth confirmation.
"He is a very outstanding jurist. Many say he is the best we have in the state judiciary," Hatch said.
"We was a finalist for the last two federal district (trial-level) openings. But the 10th Circuit (appeals-level court) is where I think he belongs. He will do a great job there," Hatch said. "I look forward to prompt action on his nomination. I foresee no problems at all."
Rep. Bill Orton, D-Utah, who helped push Murphy's nomination with the Clinton administration, said, "Judge Murphy will make an excellent U.S. appellate judge."
He added, "As the distinguished presiding judge of the 3rd District Court of the state of Utah, Michael is to be commended for his judicial expertise and diligence on the court."
Utah traditionally has two full-time seats on the 12-judge court, which considers appeals from federal courts in Utah, Colorado, Wyoming, New Mexico, Kansas and Oklahoma. Utahn Stephen Anderson, appointed by President Reagan, already serves on it.
Murphy is a native of Rawlings, Wyo. He graduated from the University of Wyoming law school with honors in 1972. He clerked for 10th Circuit Court of Appeals Judge David Lewis, then joined the Salt Lake law firm of Jones, Waldo, Holbrook & McDonough. He was appointed to the 3rd District Court bench in 1986 and became presiding judge in 1990.
Murphy is probably best known as the judge who presided over the bombing and murder trial of the polygamist Singer-Swapp clan in 1988.
Murphy won a Freedom of Information Award from the Utah chapter of the Society of Professional Journalists for the consideration he gave all parties in accommodating reporters while maintaining professional decorum at the trial.
Murphy also has been a driving force behind the $72 million courts complex being built in downtown Salt Lake City. He was on the Judicial Council Task Force on Alternative Dispute Resolution, now a legislatively mandated pilot program in his district.
He chaired the Judicial Oversight Committee on Child Support Guidelines in 1988, which recommended an increase in child support for Utah's children. He is also a player in the state's move toward state sentencing guidelines, serving on the state's sentencing commission.