Updated at 9:50 a.m. on Dec. 5, 2018 with the court's decision to grant the prosecutors an extension for their motion to file for rehearing.

The prosecutors pursuing criminal charges against Texas Attorney General Ken Paxton will ask for a do-over in a related legal fight over their pay scale.

On Tuesday, special prosecutor Brian Wice told the Texas Court of Criminal Appeals he will soon ask for a rehearing in that case. He has until Dec. 21 to file his motion for rehearing, after the court granted his request for extra time to prepare his argument why it should give the prosecutors a second chance.

Last month, the appeals court ruled that the $300-an-hour fees the prosecutors were paid to pursue the Paxton cases violated local rules and state law regarding court appointed attorneys' pay. Counties must set minimum and maximum fees for these lawyers and judges cannot stray from these pay schedules, even in extraordinary cases, it said.

The court also vacated the final invoice the prosecutors filed, which topped $200,000 for more than a year's worth of work.

The decision, if it stands, could derail or at least significantly delay the criminal cases against Paxton, which are already more than three years old. The prosecutors threatened to step down if they are not paid properly, but have not commented on whether they would follow through on this promise since the court struck down their fees.

Criminal justice advocates also worry the ruling will negatively affect how poor Texans are defended. Special prosecutors and public defenders are paid according to the same county-set fee schedules. By taking away judicial discretion to stray from these schedules in extraordinary cases, the advocates warn it will be difficult to recruit good lawyers to defend indigent clients in high-profile criminal cases.

Paxton was indicted in July 2015 on two counts of first-degree securities fraud and one third-degree felony count of failing to register with the state as an investment adviser representative. He's accused of duping people to invest in a McKinney technology firm while pocketing a commission. He has denied the charges, which he calls politically motivated. Similar federal charges against Paxton were dropped twice.

Paxton was re-elected to a second term in November when his wife, Angela, also celebrated winning a seat in the Texas Senate.