Samuel Stretton, the attorney for Willis Berry Jr., said Thursday his client will plead not guilty and questioned why the 72-year-old ex-judge is charged with one felony count each of theft and conflict of interest.
Stretton says the state Court of Judicial Discipline considered the ethical implications of the same allegations and suspended Berry from the bench for four months without pay in 2009.
State prosecutors said in announcing the charges Thursday that their independent investigation showed Berry illegally used his judicial secretary and other taxpayer resources in the daily operations of his business between 1997 and 2007.
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Ex-judge's lawyer questions corruption charges