By a MetNews Staff Writer

Judge Patrick Murphy was sworn in by telephone Monday as a member of the Los Angeles Superior Court, court sources said yesterday.

The sources said Murphy was sworn in by June Betschart, the trial court administrator in West Covina, where Murphy served as a Citrus Municipal Court judge prior to trial court unification. It was unclear where Murphy--who has been on sick leave for most of the past 20 months and has reportedly left the country--was when he took the oath, and Betschart did not return a phone call.

A copy of the written oath was not immediately available. That document is a public record once filed with the secretary of state or registrar/recorder, spokespersons for those officials said last week.

It was unclear yesterday whether there is legal authority or historic precedent for the taking of an oath via telephone.

Assistant County Counsel Frederick Bennett, who advises and represents the Superior Court, said yesterday he wasn't aware of the telephonic swearing-in and could not render an off-the-cuff opinion regarding its legality.

But Fredric Woocher, a Santa Monica attorney who specializes in governmental law, said he didn't think there was a problem, as long as a properly signed and witnessed oath is filed.

"I think the swearing-in is purely ceremonial," Woocher said, although he added that he had never actually had to deal with the issue.

Murphy was elected to the Citrus court in 1992, lost a bid for election to the Superior Court in 1996, and was re-elected to the Municipal Court without opposition in 1998.

He is currently embroiled in litigation and criminal investigations in connection with the alleged misappropriation of funds belonging to a friend, and has been away from his judicial duties due to what his attorney has said are cardiac- and stress-related problems.

The attorney, Thomas Dovidio of Diamond Bar, told a federal judge last week that he doesn't know where Murphy--who was previously reported to be seeking disability retirement from the bench--is.