Dallas County District Attorney Craig Watkins is fighting an order to testify in court on allegations of misconduct.
One of his top prosecutors argued at a hearing Monday that Watkins should not be compelled to testify.
He was a no show a few weeks ago claiming to be sick when in fact he was in his office.
A member of the Hunt Oil family claims Watkins abused his elected position by pressing a mortgage fraud case against him.
Watkins is accused of doing it as a personal favor to a political supporter and donor.