Alan Simpson says he took on this particular case because he believes Judge Sue Carol Browning has treated hispanics unfairly in the past.
Back in September, 16 hispanic males from Logan and Todd County were brought before Judge Browning and she ordered they be held without bond.
She wanted to make sure they were in custody long enough for Homeland Security and the INS to determine if they were in the country illegally.
Judge Tyler Gill then ruled that holding the men without bond or a future trial date violated both the Federal and Kentucky Constitution.
Now a similar situation is before judge browning again.
Attorney Alan Simpson is asking Judge Browning to recuse herself from Miguel Abraham's case due to personal bias.
"I've gotten involved to right what I see is a horrible wrong in the way that the hispanic community is being treated in Todd and Logan Counties", said Simpson.
Abraham was in Judge Browning's court on charges of criminal trespassing and driving without a license, both are misdemeanors.
Simpson says a plea agreement was reached with the Todd County Attorney, Mac Johns.
Abraham would plead guilty to the charges in exchange for a probated sentence. However, Judge Browning rejected that agreement.
Simpson says that virtually never happens.
"Normally what would happen to most people in most counties in this state is if they were able to get a driver's license the case would be dismissed. If they weren't, they might be given a fine to pay and told not to drive without a license again", said Simpson.
Judge Browning tells WBKO she wouldn't accept a probated sentence because Abraham had no ID and hence no way of proving who he was.
She says therefore he should serve his time in jail because without an ID, they'd have no way of knowing if he ever violated his probation or not.