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MONTGOMERY, Ala. (AP) – A judge has set a hearing on indicted House Speaker Mike Hubbard’s claim of prosecutorial misconduct in his ethics case.

Circuit Judge Jacob Walker set a Feb. 10 hearing in Opelika.

Hubbard on Tuesday filed a renewed motion to dismiss the charges after a political consultant said he communicated regularly about the case with prosecutor Matt Hart.

Baron Coleman wrote in an affidavit that he used the information to start a “whisper campaign” during the election.

Walker gave prosecutors until Feb. 8 to file a response.

Hubbard is scheduled to go to trial in March on ethics charges accusing him of using his public positions to benefit his companies.

Walker on Tuesday denied Hubbard’s earlier efforts dismiss the case. The judge rejected Hubbard’s claims that the ethics law was unconstitutional.