Late Friday evening attorneys petitioned the 9th Circuit Court of appeals for a jury to hear Arpaio’s upcoming criminal contempt trial.

Judge Susan Bolton has been eager to proceed with a bench trial and decided earlier this year that she alone would decide the outcome.

The petition says Bolton erroneously rejected previous requests for a jury trial and attempts to make a new case.

Arpaio’s attorneys are asking the 9th Circuit for a quick ruling or for a stay of the trial, currently scheduled for June 26.

Plaintiffs in the case have argued against a jury trial in the past saying Arpaio would attempt to politicize the trial.

Arpaio is facing up to six months in jail for ignoring a 2011 court order to cease his immigration enforcement patrols.