A hearing has been scheduled for Wednesday on whether to remove the judge presiding over the felony child abuse case against Adrian Peterson.

Assistant Montgomery County District Attorney Phil Grant tells the Houston Chronicle that prosecutors plan to argue for replacing state District Judge Kelly Case as presiding judge in the Peterson case. That’s after Case was said to have referred to attorneys in the case as “media whores.”

However, Grant said Peterson’s lead attorney, Rusty Hardin, is scheduled to be out of town Wednesday and the hearing may be rescheduled.

Case apologized at Peterson’s first court appearance Wednesday, saying the comment was meant as a joke.

Peterson is charged with felony injury to a child for using a wooden switch on his 4-year-old son.