The special prosecutor Andrea Reeb resigned on March 15 after a legal challenge by lawyers for actor Alec Baldwin, who has also been charged in the 2021 shooting. Baldwin has not pleaded not guilty to an involuntary manslaughter charge, and armorer Hannah Gutierrez-Reed is expected to do the same.
If Gutierrez-Reed is not able to resign as a new special prosecutor, it would be another setback for the state's prosecution after a series of legal fumbles.
Baldwin's defense argued it was illegal to serve two branches of the state government in New Mexico at the same time, forcing Reeb to step down.
Gutierrez-Reed's lawyer Jason Bowles filed a motion saying it was unreliable to appoint a special prosecutor because Santa Fe District Attorney Mary Carmack-Altwies, already a co-prosecutor, could handle the case. The motion will be considered at a hearing on Monday.
In a separate filing, Carmack-Altwies said she was entitled to appoint a new special prosecutor because of the magnitude of the case.
Hutchins was killed and Rust director Joel Souza injured when a revolver Baldwin was rehearsing with fire in a live round. Rust was the second film on which Gutierrez-Reed worked as chief weapons handler.
The actor's lawyers said a law underpinning the charge was passed after Hutchins was killed. The most serious count of involuntary manslaughter against Baldwin and Gutierrez-Reed was dropped.
Baldwin and Gutierrez-Reed will have a preliminary hearing in April when a judge will decide whether there is probable cause to try them.
The first assistant director of Rust Dave Halls reached a plea deal for a misdemeanor charge and will have a hearing on March 31.