In the wake of mounting calls by politicos and court watchers to appoint a special investigator to scrutinize offensive and potentially ex parte communications between judges and prosecutors, the state Supreme Court justice currently ensnared in the scandal has asked that his disciplinary case be taken up by the Court of Judicial Discipline.

But, while consensus is building over the independent investigation, there is less agreement on who should appoint the investigator, or who should be tapped for the job.

Justice J. Michael Eakin on Thursday asked that the Judicial Conduct Board, which is currently investigating his conduct related to allegedly sending and receiving racist and sexually-explicit emails, to forgo its investigation, and remove the matter directly to the Court of Judicial Discipline.