A Georgia judge on Wednesday said Republican U.S. presidential candidate Donald Trump and eight of his co-defendants in the state’s criminal election subversion case could appeal a ruling that let lead prosecutor Fani Willis remain on the case.

Fulton County Judge Scott McAfee’s decision cleared the way for the former U.S. president and the others to ask a Georgia state appeals court to consider whether Willis, the Fulton County district attorney, should be disqualified over her romantic relationship with a former deputy, Nathan Wade.

McAfee indicated he would continue addressing other legal issues while the appeals court considers whether to take up the disqualification bid. A trial date has not yet been set.