District Judge Patrick Murphy has removed himself from the Barry Morphew murder trial because of a lifelong friendship he has with an attorney who represents Morphew’s girlfriend.

Morphew’s attorneys filed a motion earlier this month to disqualify Murphy because he is close friends with attorney Sean McDermott.

McDermott is representing Shoshona Darke, a Salida woman who has been romantically linked to Morphew. Darke is expected to be a witness in the trial.

In his order, Murphy said he has known McDermott for at least 40 years. The two attended the same schools growing up and their families are very close, with McDermott being the godfather of Murphy’s niece.

“Even though the conflict relates to a very small portion of the case and even though the court does not personally believe the relationship with Mr. McDermott would affect the Court, the Court finds that (it) has no choice but to disqualify,” Murphy wrote in his order, dated Thursday.

A new judge will oversee the trial regarding the disappearance and suspected murder of Barry Morphew’s wife, Suzanne Morphew, who has not been seen since Mother’s Day 2020. Prosecutors say Barry Morphew was upset that his wife was planning to leave him, so he killed her and hid her body.

Barry Morphew has said repeatedly that he did not kill his wife, and Suzanne Morphew’s body has never been found.

Barry Morphew’s attorneys have suggested in court that Suzanne Morphew may have run off to South America to join her lover, Jeff Libler, with whom she had been having an affair.

Ed Moss, a retired judge who has written extensively on judicial ethics, says disqualifications like these don’t happen often, especially in high profile cases. But a change in judges shouldn’t hinder the trial.

“I think it’s just fine. The rule on disqualification for social relationships is not crystal clear,” Moss said. “The Colorado Supreme Court has a case they decided a couple of years ago. It said the circumstance depended on the quality nature and closeness of the relationship, and the judge has to answer how close the relationship is.”

District Attorney Linda Stanley told The Denver Gazette that she doesn’t expect the trial to be postponed because of the development.

Barry Morphew’s murder trial is scheduled to begin in May at the Chaffee County Courthouse and is expected to last at least three weeks.

Normally, the chief justice overseeing the judicial district is the person who will appoint a replacement, but since Murphy is the chief justice of the 11th judicial district, the responsibility now goes to state Supreme Court Chief Justice Brian Boatright.

Legal observers like Eric Faddis, a former federal prosecutor who now works as a criminal defense attorney, believe Murphy did the right thing in stepping aside.

“What is paramount in the justice system is that the judge be objective and impartial. Even the appearance of bias would be injurious to the fundamental fairness of the trial. Although it’s a huge headache, it’s necessary,” Faddis said.

Murphy knows the Morphew case well, having presided over it from the beginning. He signed every search warrant, the arrest warrant and made major decisions like agreeing to let Morphew out of jail on $500,000 cash bond.

“It’s going to be a lot of work,” Faddis said of Murphy’s replacement. “But I think a judge will be able to get up to speed and be prepared for the trial in May.”