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Hagan's right to drop judge like a hot potato

John Kime's comments in Taft's story today show why Sen. Kay Hagan had to withdraw her recommendation of state Superior Court Judge Calvin E. Murphy for appointment to the federal bench.

"It was clear to me that we weren't getting an unbiased opinion, based on politics," Kime said.

Kime is executive director of the Piedmont Triad Regional Water Authority.

The not-unbiased opinion, in his view, was rendered by Murphy. He issued an interim decision Oct. 23 favorable to Hydrodyne Industries and other companies suing the water authority over issues related to using water from the Deep River downstream of the Randleman Dam.

Sen. Hagan's husband, Chip, has a stake in Hydrodyne Industries, which apparently stands to gain a lot of money if the lawsuit eventually is decided in its favor.

Nine days before Murphy's ruling, Hagan recommended him as one of three candidates for a seat on the federal district court for Western North Carolina. President Obama will make the nomination.

Somebody could string all that together and surmise that one good turn deserves another.

I don't believe for a moment that's what happened.

I believe Hagan when she says she was not aware that Murphy "was hearing a case in which my husband had an interest."

Whether she should have been aware is another matter.

Nevertheless, her only recourse was to pull Murphy's name. He won't get the federal judgeship -- at least not now.

That's an unfortunate break for him, assuming everything was on the up-and-up.

A lifetime appointment to the federal bench is a big deal. A federal judge holds a very powerful position. He or she must be an outstanding jurist whose integrity is beyond reproach. There should be no place on the bench for anyone touched by even a hint that he would tilt a decision in return for any kind of favor.

Kime did more than hint. He told Taft he thought other judges also seemed to have their eye on the federal vacancy.

That's a very serious insinuation. It certainly casts aspersions on the motives and characters of both Murphy and Hagan if it's meant to imply there was quid pro quo involved.

Without proof, that's an unfair implication.

Even the appearance, however, was enough to scotch Murphy's possible appointment. Hagan had no choice.

As the comment string on Taft's story shows, people are conditioned by recent political malfeasance -- Mike Easley, Jim Black, others -- to assume the worst.

Hagan acted quickly to clear this up. It was the best move she had.