The gunman who killed 13 people at the Texas military base Fort Hood in 2009 may receive a new attorney to handle his appeals, which could complicate an already-delayed review process.

Nidal Hasan appeared in court Thursday at Fort Leavenworth, Kansas, where he is on military death row. He no longer has the beard he wore during his August 2013 trial, having been forcibly shaved in prison.

Hasan’s lead defense counsel, Lt. Col. Kris Poppe, began work as a judge after Hasan’s trial. Hasan said he wanted to retain Poppe.

The trial judge, Col. Tara Osborn, said she was concerned that Poppe now served under her even while representing Hasan. She did not make a ruling Thursday.

The review is one of several mandatory steps in military death penalty cases.