Arditti is facing six counts including bribery and abuse of official capacity. Prosecutors allege she hired the sister of convicted judge Manuel Barraza in exchange for Barraza hiring her son.

A hearing was held on Friday on a defense motion to remove Judge Steven Smith of Brazos County from the case.

Defense attorneys Theresa Caballero and Stuart presented email correspondence with Smith regarding a pretrial hearing.

In one email Smith wrote, "Court shall convene at 8:30 a.m. While that may be earlier than what you're used to in El Paso County, I'm sure you'll acclimate.”

"He's saying that Mexicans are lazy and that he is better than everybody else," said Caballero.

Caballero and Leeds called 11 witnesses, including themselves. All said they were offended by the remark. Some called it racist. Others said it had racial overtones.

Caballero and Leeds argued that they fear Arditti, who is Hispanic, would not receive a fair trial with Smith on the bench.

"Somebody who actually puts it in writing, their racism is so ingrained and runs so deep and is chronic that he can't help it," said Leeds. "It's going to come out."

The prosecution admitted the entire email correspondence as evidence, including what led up to the remark and Smith's response afterward.

Smith stated in a follow-up email that he made the comment after looking at dockets in El Paso County and mentioned concerns of parking and the commute.

"Your personal attacks are somewhat puzzling," said Smith in the email.

But many of the witnesses, attorneys who grew up and practice in El Paso, said they believe his response was a cover up.

None of the witnesses have ever met or know Smith.

"To label someone a racist is a serious accusation," said asst. district attorney Joe Monsivais. "It's difficult to gage what someone is by a series of emails."

Another visiting judge, Judge Virgil Mulanax, presided over the hearing on Friday. He is expected to give his decision in the matter on Monday.

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