November’s judicial election is irrelevant to a recusal appeal the state Supreme Court is hearing, District Attorney Gil Martin wrote in a motion to the justices, adding specifically the DA’s office &#8220has no dog in this hunt.”

The appeal filed on behalf of drug defendant Patrick Rader asks the judges to order Circuit Judge Frank Vollor not to hear the case.

Vollor responded with a motion asking the justices to instruct the state Attorney General’s Office to argue his position, citing in part a ballot challenge he faces from Assistant District Attorney John Bullard.

&#8220It’s superfluous,” Martin said Friday morning of Vollor’s motion, saying an existing court rule requires the AG, not the DA, to represent the court.

Rader’s attorney, Jerry Campbell, asked Vollor to step aside in March. He based the request on a December memo from Vollor saying Vollor would not approve plea bargains in drug cases that did not require a minimum of a year in prison and a supplemental memo that made clear the one-year minimum did not apply to those who agreed to the monitored treatment and rehabilitation process of Warren County Drug Court.

Campbell said the memos amounted to a pre-judging of the case by eliminating other sentencing options.

On March 29, Vollor ruled he would not recuse himself. The Supreme Court said it wanted to study the matter and wanted briefs by Thursday.

Rader, 33, 119 Singing Hills Cove, was indicted in 2005 for felony possession of marijuana.

Campbell also filed a supplemental motion with the Supreme Court, asking that Vollor’s motion be dismissed and citing the rule that provides the AG should argue in support of his ruling.

Vollor, while denying in another part of the motion that the memos are improper, also wrote, &#8220(T)here may exist an appearance of a conflict of interest with (Martin’s office) in that a member of (Martin’s office), John Bullard, has qualified for the position of circuit-court judge.”

Martin’s answer says that &#8220the fact that (Bullard) has qualified to run for circuit judge is irrelevant to these issues.”

The election is Nov. 7.

Rader’s case was initially assigned to Circuit Judge Isadore Patrick, the only other felony trial judge in the district. Rader pleaded guilty before Patrick, who first accepted the plea and then rejected it before imposing any sentence because, he said, that Rader had been telling people Patrick had accepted a bribe.

If the Supreme Court rules Vollor ineligible to hear the case, it will have to be assigned to a a court-appointed special judge.