In his ruling, Bristol County Superior Court Judge Raffi Yessayan said the Fall River charter does not give the council authority to remove a mayor charged with a felony. 

Correia was indicted for the second time last month for allegedly extorting marijuana vendors for cash and defrauding investors in a business he started before becoming mayor. 

The decision is an upset for the city council which voted 8 to 1 to oust Mayor Correia shortly after his arrest.

One council member told The Public's Radio they are "disappointed" in the decision. But Steven Camara, the only council member who voted against removing the mayor, said he's pleased.

"I’ve always been of the perspective that someone is innocent until proven guilty," Camara said. "And I think that this was an ill conceived attempt by the council to usurp authority that it does not have." 

The city council is set to meet privately with attorneys next week where they could decide to appeal the decision or drop the case.