Former state representative Todd Courser will have a competency exam on Thursday. The judge in his case refused his request to dismiss it.
Courser is facing criminal charges related to his sex scandal that led to his resignation from the state house in September of 2015.
He had an affair with fellow representative Cindy Gamrat. They were caught trying to cover it up.
On Wednesday his lawyer also asked the judge to dismiss the case claiming the attorney general's office has refused to turn over evidence.
He also asked the judge to recuse himself on the grounds that he expressed his dislike for Courser in open court.
The judge did not rule on those motions.