TULSA COUNTY, Oklahoma - It's now up to the Oklahoma Supreme Court to decide if a candidate for Tulsa County District Attorney can legally seek the office.

A Supreme Court referee heard arguments Wednesday in a dispute between Assistant District Attorney, Steve Kunzweiler, and state Representative Fred Jordan.

Kunzweiler's lawsuit claims Jordan is not eligible to serve because of a DA pay increase approved by the state legislature this spring.

The state constitution prohibits lawmakers from serving in a job if that position's salary was increased during their term of office.

Jordan said his term ends in November, and the pay increase doesn't take effect until January.

The candidates are set to face off in an August 26th runoff election.