LINCOLN, Neb. (AP) — A newly-appointed Nebraska Supreme Court justice has been subpoenaed by an attorney seeking to have felony charges against his client dismissed, arguing that the judge’s delay in ruling on a motion in the case violated his rights.

Defense attorney Matt Catlett tells said he subpoenaed former Lancaster County District Judge Stephanie Stacy to find out why it took her eight months to rule on a motion to suppress evidence in the drug possession case against 48-year-old Scott Johnson. Catlett contends Stacy simply forgot about the motion, violating law that requires defendants be brought to trial within six months of charges being filed.

Stacy was appointed to the Nebraska Supreme Court last month by Republican Gov. Pete Ricketts. She began her new appointment Thursday.