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Just who will preside over the murder case against Dalton Scott Potter has yet to be determined after one potential judge recused himself last week.

Douglas County Court Commissioner Steve Clem says he would not preside over the case given his history with Potter. Clem over saw Potter's prosecution for domestic violence back when he was the county's elected prosecutor. As a result, Douglas County public defender Jesse Collins asked for Clem's exclusion from the case.

Another judge, Chief Superior Court Judge Brian Huber has been targeted by prosecutors in a move to disqualify Huber who presided over two preliminary hearings for Potter, who is facing charges of 13 felony counts including the charge of first degree murder stemming from fatally shooting his former girlfriend, 37 year old Alyssa Longwell and then turning the gunfire on witnesses in a pickup truck last month. Potter then allegedly fled the murder site just outside of Waterviille. He was tracked down by authorities in a nearby residence where he was arrested.

Potter is to face arraignment Tuesday, where a trial date will be scheduled. Should the case go to trial, it is believed it will be heard by a visiting judge from Grant County.

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