A political opponent of Durham County District Attorney Mike Nifong is challenging a judge's authority to delay her call to remove Nifong from office.
Last Friday, Beth Brewer filed an affidavit accusing Nifong of committing "willful misconduct in office."
But Durham Superior Court Judge Orlando Hudson said that complaint largely mirrors one filed by the North Carolina State Bar, which accuses Nifong of breaking several rules of professional conduct in connection with the Duke lacrosse sexual assault case.
Hudson issued an order today that defers Brewer's complaint until Nifong's ethics trial before the bar is resolved.
Brewer argues that state law requires Hudson to act within 30 days on her complaint. Hudson says acting on the charges could include his decision to delay hearing them.
Last year, Brewer led an effort to keep Nifong from winning a full term in office. Nifong told The Associated Press that Brewer's affidavit is politically motivated.