A defamation lawsuit that former Philadelphia Judge Vincent Melchiorre filed against an assistant district attorney over his Philadelphia Bar Association rating may proceed, the Commonwealth Court has ruled in denying the prosecutor’s request to have the case reviewed on an interlocutory basis.

A unanimous three-judge panel ruled Monday in Melchiorre v. Haileab that Philadelphia prosecutor Simon Haileab prematurely appealed a trial court decision that dismissed Melchiorre’s claims against the District Attorney’s Office, but allow them to proceed against the line prosecutor.