The 9th Circuit Court of Appeals will appoint a special counsel to defend a district court ruling that left former Sheriff Joe Arpaio’s criminal contempt conviction in place.

After President Trump pardoned Arpaio last year, attorneys for the former Sheriff asked the federal judge that convicted him to vacate the contempt ruling.

Going against requests from Arpaio and attorneys for the United States government, Judge Susan Bolton refused to vacate the conviction.

Attorneys for Arpaio said this left their client in a position where he could be sued in the future, and appealed to the 9th circuit.

Federal prosecutors told the 9th circuit the government would not defend such an appeal. On Tuesday the 9th Circuit accused the government of abandoning the District Court’s ruling, and said it would appoint a special counsel that would defend it.

The 9th circuit says a panel will address the merits of Arpaio’s appeal.