A prosecutor will decide whether an ex-aide to John Edwards will face contempt charges related to a court fight over a video purported to show the ex-presidential candidate having sex with his then-mistress.

North Carolina Superior Court Judge Michael R. Morgan appointed the prosecutor Friday to consider criminal charges against Andrew Young, his wife and two of their lawyers.

A judge previously found probable cause for contempt charges arising from a lawsuit filed against the Youngs by Rielle Hunter, who was Edwards' mistress as he sought the White House in 2008. The state court ordered sensitive documents in the lawsuit to be kept under seal, including a lengthy deposition given by Edwards.

Young and his lawyers have acknowledged providing those documents to federal prosecutors investigating Edwards prior to his 2011 indictment, but said they did so only after receiving a subpoena signed by a federal judge. Attorneys for the Youngs said they were asked by prosecutors to keep the subpoena a secret from Hunter and her lawyers.