Several defense attorneys said they believe a motion filed earlier this week by the Philadelphia District Attorney’s Office asking Philadelphia Court of Common Pleas Judge Scott DiClaudio to recuse from criminal cases has merit—but that doesn’t mean they believe it should have been filed.

The April 8 motion, which was first reported by The Philadelphia Inquirer, was filed by District Attorney Larry Krasner, along with Assistant District Attorney John Parron and law division supervisor Nancy Winkelman. The filing said DiClaudio should recuse from hearing criminal cases because his girlfriend, Catherine Smith, currently has a complaint pending with the Pennsylvania Human Relations Commission against the District Attorney’s Office, alleging she was fired in February from her position as an assistant district attorney because she’s white.