Judges don't throw anybody in jail, you silly. And if you are charged with contempt of court, your trial would not even be with the same judge whose court you were in contempt of.
There, the obvious choice, Raistlin, has no knowledge of the legal system, so now there will be a public outcry if he is chosen. Proto is dismayed, as now he has to choose someone unpredictable. WHAT WILL HE DO?