A Brazos County judge says he will not remove himself from an upcoming murder trial, despite the District Attorney's request.
Now the decision heads to a higher authority who'll decide if Judge Rick Davis stays on the bench, or gets benched.
There has been on-going friction between Judge Davis and District Attorney Bill Turner for years.
But next month, Turner is on the docket to personally prosecute a case in front of Davis.
As News 3 first reported Thursday night, Turner filed a motion to have Davis removed from this case because of past conflicts.
Friday, Davis said he will not step down which means Turner's request will be decided by another judge.
In a written statement, Davis says quote '' We will just wait and see how the assigned judge decides the matter. In the meantime, I intend to conduct business as usual."
The conflict began in 2001 when Davis had a run-in with then-prosecutor Laura Cass.
Davis was reprimanded by the state's judicial commission after Turner filed a complaint.
Both Davis and Turner were re-elected by voters since then.
But next month's capital murder trial of Chad Davis marks the first time Turner will try a case before Judge Davis since the fallout began.
Chad Davis is accused of a high-profile murder in Brazos County.
And Turner says a trial this important deserves an impartial judge.
With Davis' refusal to step down -- the decision heads to Administrative Judge Olen Underwood.
In a letter to the Judge, Davis stated there are no new problems between his court and the DA's office.
He also believes Turner's motion is pay back for Davis' legislative efforts to overhaul the judicial commission that reprimanded him.
That effort became public on a Davis web site which Turner says attacked his integrity.
Turner says the comments demonstrate an inability to objectively deal with his reprimand and the people involved, thereby calling to question his ability to act impartially.
This is Turner's only motion to recuse Judge Davis since the 2001 incident.
Turner says that's because he has done all he can to stay out of his courtroom.
A hearing may be set to make a decision on who will preside over the case against Chad Davis.
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