The fate of a former state trooper fired for joining a group with ties to the Ku Klux Klan is in the hands of a judge.

Trooper Robert Henderson was fired after patrol officials discovered he had joined and posted messages on the group's Web site.

An arbitrator ruled earlier that Henderson should be reinstated. He cited a lack of evidence that Henderson treated people differently because of their race while working as a trooper.

The Attorney General's office appealed the ruling, which was the subject of a court hearing today.

Henderson's lawyer says the state has tried to "demonize" Henderson.

But assistant attorney general Matt McNair says state policy allows residents to be protected from people associated with hate groups.

"Reinstating a clansman back into the State Patrol and giving a clansman a gun and a badge and allowing the clan to patrol minority citizens in Nebraska violates Nebraska policy." McNair argues.

No word on when the judge will rule.

(Copyright 2006 by The Associated Press. All Rights Reserved.)