The state's top criminal appeals court will consider the contempt case of an Austin attorney.
Adam Reposa was found guilty of contempt in April for making a lewd gesture in a Travis County courtroom during plea negotiations in a drunken driving case.
Attorneys for Reposa and the county will have to file briefs in the matter by August 4, 2008.
Reposa spent about eight hours in jail before the court of criminal appeals ordered him released pending his appeal.
He faces 90 days in jail.