Effort to remove judge from PEC case fails

Read the whole story here: http://www.statesman.com/news/content/news/stories/local/2009/12/02/1202pecmills.html?cxtype=rss

Austin American-Statesman

By Patrick George
pgeorge@statesman.com
AMERICAN-STATESMAN STAFF
Wednesday, December 02, 2009

State District Judge Dan Mills will continue to preside over a criminal case involving former Pedernales Electric Cooperative executives despite being a member of the co-op, a visiting judge ruled last week.

Attorneys for the former PEC officials argued that Mills stands to benefit financially if restitution is ordered in the case. Now, they intend to ask the 3rd Court of Appeals for an opinion on visiting state District Judge Robert "Bert" Richardson's decision, in an effort to overturn it and force Mills' removal.

The decision was the latest step in pre-trial hearings in the case led by the state attorney general's office against former co-op General Manager Bennie Fuelberg and former co-op lawyer Walter Demond.