Hearing Wednesday In Spence-Jones Suit

MIAMI (CBSMiami) – A status hearing is scheduled for Wednesday afternoon in Rev. Richard Dunn's attempt to stop Miami Commissioner Michelle Spence-Jones from running for a third term.

The hearing will be before Miami-Dade Circuit Court Judge Marc Schumacher, who was chosen randomly to take over the case after Judge Jorge Cueto recused himself from it.

Judge Cueto removed himself from the case for not informing the parties that he had investigated Spence-Jones as a state prosecutor in a 2007 probe involving a large planned development in Coconut Grove. The development never materialized, and the investigation died.

The move from Judge Cueto came after Spence-Jones' attorneys alleged a conflict of interest against Judge Cueto after he ruled against their client. Judge Cueto originally ruled that due to charter limits, Spence-Jones couldn't seek a third term in office, even though she missed much of her second term in office as she successfully fought corruption charges.

Spence-Jones' attorney Bruce Rogow counters that while the commissioner was suspended, she was unable to fill her second term because she was not able to perform any "official act, duty, or function" of her office.