Warm temperatures in store ahead of cold front

Opponents to smart meters want judge recused from case

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

OKLAHOMA CITY -- For the past few months we've been following smart meter technology and a group of Oklahomans who say the devices are making them sick.

We've covered some of the personal stories regarding health concerns.

We talked to experts who agree they are contributing to ill health as well as engineers and others who say it's not possible.

Dozens of families took their case to the Oklahoma Corporation Commission the agency that regulates some aspects of the utility industry.

At the last hearing complainants made emotional plea urging the board to force utility companies to establish and opt-out policy.

Also during that time one commissioner made comments the plaintiffs believed could affect the judge's opinion before a ruling was made.

So the attorney's from the plaintiff's requested the judge recuse himself from the case.

"Whenever you have a perception that the impartiality has been damaged then you have to go through a step like we have requested here and that is recusal of the judge," Don Powers said.

We spoke with OG&E reps by phone and they support their attorney's stance which is those comments were not problematic and wanted to reiterate the corporation commission is not the proper venue for a smart meter hearing.

The judge over the case will decide within the next week if he will or will not take himself off of the case.