Phoenix • Attorneys involved in litigation over former Sheriff Joe Arpaio’s pardon will have to tell a court whether a special prosecutor is needed to handle an appeal of the clemency.

A panel of the 9th Circuit Court of Appeals had previously ordered the appointment of a prosecutor to defend a ruling that dismissed the case yet didn’t erase Arpaio’s record.

An order issued Friday said a 9th Circuit judge has asked for a larger panel of the appeals court to consider the issue.

Arpaio was convicted of contempt of court for disobeying a judge’s order in an immigration case.

Lawyers are required to chime in on the issue by June 22.