On Monday, June 16, 2025, the California Commission on Judicial Performance announced that it has launched formal proceedings to investigate allegations of misconduct against former Justice William J. Murray, Jr., who served on the California Court of Appeal, Third Appellate District, from December 2010 to January 2022. The commission emphasized that the initiation of these proceedings does not constitute a finding of judicial misconduct.
The allegations, detailed in a Notice of Formal Proceedings filed on June 10, 2025, charge Murray with willful misconduct, persistent failure to perform duties, conduct prejudicial to the administration of justice, improper action, and dereliction of duty. These charges stem from a pattern of significant delays in resolving 355 appellate cases assigned to him as the author-justice between April 2012 and January 2022. The commission alleges that Murray failed to decide or dismiss these cases within one year of assignment or full briefing, whichever was later.
According to the notice, the delays ranged from one to nine years, with two cases, including one juvenile matter, pending for eight to nine years, and others delayed for periods of seven to eight years, six to seven years, and shorter durations. The commission noted that Murray was aware of his growing backlog, receiving monthly reports detailing his assigned cases. Despite corrective measures, such as reducing the number and complexity of his assignments and reassigning cases to other justices, the backlog persisted. From 2017 to 2020, at least 32 cases were reassigned due to his delays.
The commission highlighted 16 specific cases where Murray’s delays caused prejudice to litigants. In one case, People v. Kent, the appellant served her full sentence, losing the benefit of an eight-month reduction due to a six-and-a-half-year delay. In People v. Naylor, a six-year delay rendered the appellant’s right to appeal meaningless, impacting his ability to seek alternate relief. Another case, People v. Koenig, involved a securities fraud appeal where elderly victims, including one who died during the delay, were unable to obtain restitution for nearly four years.
Murray’s caseload included a higher proportion of routine disposition appeals (RDAs), which are less complex, yet delays persisted. The commission reported that from 2016 to 2020, Murray received fewer assignments than most other Third District justices, and he took multiple assignment-free months, including eight in 2017 and seven in 2019. Inquiries from litigants and attorneys, including a poem by one attorney highlighting a case’s delay, underscored the issue’s severity.
The formal proceedings will involve a hearing conducted by special masters appointed by the California Supreme Court, where evidence will be presented, and witnesses will be examined. Commission Trial Counsel Mark A. Lizarraga and Assistant Trial Counsel Melissa G. Murphy will serve as examiners, while Murray is represented by Los Angeles attorney Andrew J. Waxler. Murray’s response to the notice is due by June 30, 2025, and will be publicly available upon filing.
Following the hearing, the special masters will submit a report to the commission, which will determine if the charges are proven by clear and convincing evidence. If proven, the commission may censure, publicly admonish, or privately discipline Murray. Unproven charges will be dismissed. Any decision to censure or admonish is subject to review by the Supreme Court upon Murray’s petition.
A copy of the press release can be found here.
