Louisiana- A state representative who agreed to give up his seat in the Legislature as part of a plea deal on an obscenity charge took another hit in court this week.

State Rep. Tommy Wright, D-Jena, failed in his bid to get back pay and was not reinstated to a job as a coordinator for the community college system.

Wright, 49, had been fired on grounds that he used sick leave from his job to attend legislative hearings.

Wright had argued that he is a tenured employee and should not have been taken off the job until all legal issues were resolved in his case. During the hearing that led to his firing, Wright claimed that several members of the Louisiana Community and Technical College System Board should have been recused. That issue remains in question.

Leo Hamilton, an attorney for the board, claimed the board found sufficient evidence to fire Wright. Hamilton said the question of whether board members should have been recused is a state constitutional matter and Wright does not have the right to remain on the job while it is being litigated.

State District Judge Michael Caldwell ruled Tuesday that the board had sufficient grounds to fire Wright, but the judge found the recusal matter needs further litigation.

Caldwell ruled that because the board had grounds to fire Wright and because the board has the power to suspend employees without pay, Wright does not deserve to be reinstated and should not get back pay.

Wright and his attorney, Danny Avant, both declined comment after the hearing.

Wright had worked in the vocational technical system since 1988. He agreed to give up his seat in the Legislature on Tuesday as part of a plea deal in a case that began when he was arrested in August 2004. He was accused of having sex with another man in a public bathroom in the Lake Buhlow commemorative area near Pineville.

Wright claimed at the time that he was merely dropping his pants to use the urinal at the same time another man was walking out of a bathroom stall.

A park ranger walked into the bathroom and misinterpreted what he saw, Wright claimed.

Wright’s plea agreement requires him to pay a fine and spend time on probation in addition to giving up his seat on the Legislature.