Michael R. Murphy

Michael R. Murphy (born August 6, 1947) is a senior United States circuit judge on the Court of Appeals for the Tenth Circuit. Appointed to the federal bench by President Bill Clinton in 1995 after a decade of service on Utah’s Third District Court, Judge Murphy assumed senior status at the end of 2012 and continues to hear cases. His career spans private practice, state‑level judicial administration, and a substantial body of appellate opinions that address constitutional rights, criminal procedure, and federal statutory interpretation.

Early life and legal career

Michael Roland Murphy was born in Denver, Colorado, in 1947 before his family relocated to a small town in Wyoming. As a child he participated in little‑league baseball, an experience through which he admired the professional player Roberto Clemente. At age thirteen his mother enrolled him in a boarding school in Kansas to secure a strong academic foundation. He later pursued higher education at Creighton University, receiving a Bachelor of Arts degree in 1969. Continuing his studies, Murphy earned a Juris Doctor with honors from the University of Wyoming College of Law in 1972, serving as editor‑in‑chief of the law review during his final year.

Following graduation, Murphy clerked for Judge David Thomas Lewis of the United States Court of Appeals for the Tenth Circuit from 1972 to 1973. The clerkship provided early exposure to federal appellate practice and jurisprudence. After completing his clerkship, he entered private practice in Salt Lake City, Utah, joining the firm Jones, Waldo, Holbrook & McDonough. Within six months of beginning at the firm, Murphy argued a ten‑week antitrust case that concluded with a favorable jury verdict, marking an early notable achievement in litigation. He remained with the firm until 1985, developing expertise in civil and commercial law.

In 1986 Governor Norman Bangerter appointed Murphy to the Third District Court of Utah, initiating his judicial career at the state level. He served as a trial judge and, beginning in 1990, held the position of presiding judge of that district court until his elevation to the federal bench in 1995. While on the state bench, Judge Murphy contributed to the development of court infrastructure by helping to construct a new courthouse adjacent to the Salt Lake City/County Building. His involvement extended to numerous policy and reform initiatives: he served on the Utah Judicial Council Task Force on Alternative Dispute Resolution (1986‑88), chaired the Judicial Oversight Committee on Child Support Guidelines in 1988, led the State Advisory Committee on Child Support Guidelines, participated in the Utah Sentencing Guidelines Task Force in 1991, and sat on the Utah State Sentencing Commission. These roles reflected a sustained interest in improving procedural efficiency and fairness within the state’s judicial system.

Murphy’s professional affiliations during this period included membership in the American Bar Association (since 1973), the Utah State Bar (since 1973), and the Wyoming State Bar Association (since 1972). He also held leadership positions such as president of Sutherland Inns of Court II (1990‑91) and member of the Board of District Court Judges (1989‑90).

Federal appellate service

On July 25, 1995 President Bill Clinton nominated Murphy to fill a vacancy on the United States Court of Appeals for the Tenth Circuit created by the departure of Judge Monroe G. McKay. The United States Senate confirmed his appointment on August 11, 1995, and he received his commission three days later. Upon joining the appellate bench, Judge Murphy became part of a nine‑judge panel responsible for reviewing federal district court decisions from six states in the Rocky Mountain region.

During his active service, Judge Murphy authored opinions that addressed a range of legal issues. In *Yes on Term Limits v. Savage* (2008), he wrote for the majority holding that Oklahoma’s prohibition on non‑resident petition circulators violated the First Amendment, emphasizing the importance of interstate collaboration in political advocacy. The 2011 decision in *Alto Eldorado Partnership v. County of Santa Fe* found that a property developer’s takings claim was not ripe because the plaintiff had not exhausted available state procedures for seeking compensation, underscoring procedural prerequisites before federal courts may intervene.

Judge Murphy also contributed to criminal law jurisprudence. In *United States v. McCane* (2009), he affirmed that the good‑faith exception to the exclusionary rule applies when a search is justified under settled appellate precedent, even if later Supreme Court rulings deem the underlying authority unconstitutional. His opinion in *In re Qwest Communications International, Inc.* (2006) concluded that a corporation waived attorney‑client privilege and work‑product protection by voluntarily disclosing privileged materials to federal agencies during an investigation.

Other notable opinions include *Prison Legal News v. Executive Office for United States Attorneys* (2011), where he upheld the government’s invocation of the Freedom of Information Act’s personal privacy exemption despite prior public disclosure of the records, and *O’Connor v. Washburn University* (2005), in which he recognized standing for plaintiffs challenging a religiously themed statue on university grounds.

In addition to authoring opinions, Judge Murphy participated in panels hearing high‑profile criminal appeals. He sat on the three‑judge panel that reviewed the conviction and sentence of Timothy James McVeigh, the Oklahoma City bombing perpetrator, in *United States v. McVeigh* (1998). Although he did not write the opinion, his involvement reflected the appellate court’s role in overseeing significant federal criminal cases.

Judge Murphy assumed senior status on December 31, 2012, a form of semi‑retirement that permits continued participation in casework while creating a vacancy for a new full‑time judge. He remains an active senior judge, hearing appeals and contributing to the jurisprudential output of the Tenth Circuit.

Throughout his federal service, Judge Murphy has been recognized with several awards reflecting both professional excellence and contributions to public information. The Society of Professional Journalists presented him with its Freedom of Information Award in 1989; the Utah State Bar named him Judge of the Year in 1992; he received an award from the Utah Minority Bar Association in 1995, and Creighton University honored him with an Alumni Achievement Citation in 1997.

His service on commissions continued at the federal level. He was a member of the Utah Sentencing Commission (1993‑95), chaired the Third District Committee on Court Reorganization (1992‑95), and contributed to the Judicial Council Task Force on Alternative Dispute Resolution (1986‑88). Earlier, he served on the Utah Supreme Court Advisory Committee on Rules of Civil Procedure (1984‑95) and held positions within the Salt Lake County Bar Association’s executive committee (1989‑92). He also participated in legislative advisory work on child support guidelines from 1987 to 1995, chairing that effort during 1993‑94.

Jurisprudence and legacy

Judge Michael R. Murphy’s body of appellate work reflects a consistent engagement with constitutional protections, procedural safeguards, and the balance between federal authority and individual rights. His opinions on First Amendment issues, such as the *Yes on Term Limits* case, demonstrate an approach that favors broad participation in democratic processes while respecting state regulatory interests. In the realm of civil procedure, his rulings often emphasize the necessity for litigants to pursue available state remedies before seeking federal relief, a principle evident in the takings decision involving Alto Eldorado Partnership.

Criminal law decisions authored by Judge Murphy reveal an adherence to established precedent and a nuanced view of evidentiary rules. The *McCane* opinion illustrates his willingness to apply the good‑faith exception even when later Supreme Court rulings alter the legal landscape, thereby protecting law‑enforcement actions that were reasonable under prior authority. Similarly, his analysis in *In re Qwest Communications* underscores the importance of maintaining privilege protections unless a party’s own conduct compromises them.

Judge Murphy’s participation in high‑profile cases, including the McVeigh appeal, highlights his role in ensuring that even the most serious criminal convictions receive thorough appellate review. His contributions to freedom‑of‑information jurisprudence, as seen in *Prison Legal News*, balance transparency with privacy considerations, reflecting a pragmatic approach to public access statutes.

Beyond case law, Judge Murphy’s legacy includes substantive contributions to judicial administration and policy development at both state and federal levels. His early work on court reorganization and alternative dispute resolution helped modernize Utah’s trial courts, while his leadership on child support and sentencing commissions influenced the evolution of procedural standards in those areas. The awards he has received from legal organizations recognize not only his judicial decisions but also his commitment to openness and public service.

As a senior judge, Murphy continues to shape the Tenth Circuit’s jurisprudence, mentoring newer judges through shared experience and maintaining an active docket. His long tenure—spanning private practice, state trial courts, and federal appellate review—offers a comprehensive perspective on the American legal system. The combination of scholarly opinion writing, administrative reform, and professional involvement positions Judge Murphy as a notable figure in the development of law across multiple jurisdictions within the United States.