A request from confessed Parkland shooter Nikolas Cruz’s attorneys to dismiss the judge in his case was denied on Tuesday.
Judge Elizabeth Scherer considered the motion from Cruz’s attorneys but denied it citing insufficient legal merit, according to court documents.
Cruz’s defense attorneys alleged Judge Scherer could not be impartial to the case because she spoke to a member of the prosecution and then failed to notify the defense.
The Broward State Attorney’s Office says there was no conversation between prosecutors and the judge outside of courtroom proceedings.
Additionally, Cruz’s attorneys reportedly told the judge they may not be ready for the scheduled start of the trial in late January.
Cruz is going on trial for 17 counts of first-degree murder for the 2018 Valentine’s Day shooting at Marjory Stoneman Douglas High School.
He has also been charged with 17 counts of attempted murder.
Prosecutors are seeking the death penalty.