Pharmacist Jerome Jay Ersland on Friday appealed Oklahoma County District Judge Ray Elliott's refusal to step down from his murder case.
Defense attorneys are complaining Elliott cannot be fair. Prosecutors say Elliott is tough but fair.
Defense attorneys now are asking Oklahoma County District Judge Bill Graves to take Elliott off the case.
Graves gets to decide because he was Oklahoma County's chief judge this week. The chief judge position rotates weekly in December. Graves is not expected to take up the issue until next month.
Ersland, 59, is accused in the murder case of going too far when he shot a robber six times last year inside the Reliable Discount Pharmacy in Oklahoma City. His jury trial has been delayed indefinitely.