BENTON COUNTY, Ark. (KNWA/KFTA) — A former Benton County judge facing a contempt of court trial has filed a motion with the court, stating that having any Benton County judge presiding over the case would present an “appearance of impropriety.”

In a September 10 motion, Jon Comstock, 72, asked the court to have Judge Robin Green recuse herself from the case.

“Comstock does not in any way question the fact that Judge Green sincerely believes she can be fair,” said Comstock’s attorney, Jeff Rosenzweig. “However, that is not the test. The appropriate test includes ‘the appearance of impropriety’—even if there is no actual impropriety.”

The motion notes that prosecuting attorney Nathan Smith “prudently chose to recuse from this case” and that Green should do the same. The filing adds that the request applies to “any member of the Benton County judiciary” being involved in the case moving forward, not just specifically Judge Green.

Comstock was jailed on July 8 after disrupting a bond hearing at the Benton County Jail. Judge Chris Griffin ordered him to serve a five-day sentence at the Benton County Jail, with four and a half days suspended.

Comstock has already served the twelve-hour sentence but sought to have the criminal charge vacated and was granted a new trial regarding the charge.

On September 8, Comstock’s lawyer filed a Motion for a Bill of Particulars to clarify the contempt charges. Emily White signed an acceptance of appointment as special prosecutor in the case on September 12.

Comstock has a status hearing scheduled in Benton County Circuit Court on September 19.