By Tony Romeo

PHILADELPHIA (CBS) – The judge who appointed a special prosecutor to investigate Attorney General Kathleen Kane in connection with leaks of secret grand jury information said in a court brief that “the truth is crying to be heard” in the case.

In a brief filed with the Pennsylvania Supreme Court, the Montgomery County judge who appointed a special prosecutor says Kane is arguing that it is she who has the power to conduct an investigating grand jury, or as he puts it “the fox who should be permitted to guard the hen house” argument.

The prosecutor, meanwhile, has filed his own response, disputing Kane’s lawyer’s argument that there is no statute that allowed the judge to authorize a special prosecutor, and further maintaining that even if the appointment of the special prosecutor were quashed, the grand jury’s presentment would stand. That presentment has recommended charges of perjury and other offenses against Kane that the judge has now revealed in his brief also include criminal contempt of court.

The state Supreme Court is to hear arguments in the case next month.