Fitzgerald Removed as Trustee

LIBERTY, October 19, 2009 - In court proceedings in the 75th District Court Judge C. T. “Rusty” Hight made a finally ruling in the case of Jessica Vickery VS. Phil Fitzgerald.

First, Judge Hight ruled that Phil Fitzgerald be removed as Trustee of the Jessica Vickery Trust.

Second, Judge Hight stated that in his opinion Phil Fitzgerald should have stepped down as Trustee when he became County Judge according to judicial ethics and Judicial Cannon. However, Judge Hight stated that he was not qualified to rule on matters of Judicial Cannon.

Third, Judge Hight awarded Jessica Vickery’s attorney’s fees in the amount of $110,000 to be paid by Glen Vickery and Phil Fitzgerald. Judge Hight stated that he was sticking his neck out in making this ruling and if it was determined by the Trust Agreement Section 7.2 that Phil Fitzgerald could not be held liable for Jessica Vickery’s attorney’s fees then the Jessica Vickery Trust would pay his portion of the fees.

Judge Hight further ruled that Glen Vickery and Helen Vickery Green would have to decide on a new Trustee for the Jessica Vickery Trust within thirty days. If no agreement could be reached then the First Liberty National Bank would be appointed as Trustee.