For the former judge, its been a year of resignation, defeat and waiting. The case against him hinges on a decision by state Attorney General Michael Fisher on whether to charge Mr. Eagen with a crime.

Three weeks ago, Mr. Fisher said a decision was weeks not months away.

He now says a decision will not be made this week or next.

Pressed on whether there is a problem with the case, Mr. Fisher said it is complex, which is taking some time to review.

Mr. Eagens lawyer, William Costopoulos of Lemoyne, said that what makes the case so complex is they have no evidence to support the charges recommended by the grand jury.

Mr. Costopoulos has consistently held that position.

I truly do not know why it is taking them so long to make a decision, he said of the attorney generals office, but it is my guess, and its just a guess, that nothing will happen now until after the (Nov. 3) elections.

Mr. Costopoulos reasoned that even though the Eagen case may not have a political agenda, a decision prior to the elections would be bad timing.

Almost immediately after receiving the so-called target letter, Mr. Eagen took an administrative leave from his judicial duties. About two weeks later, Lackawanna County voters turned down his bid to be retained for another 10-year term.

The judges fortunes turned from bad to worse when a county grand jury in early December recommended he be charged in relation to the estates probe that already had landed three people behind bars.

The grand jury reportedly recommended Mr. Eagen be charged with taking kickbacks and trying to obstruct the grand jury probe while he was a judge.

Lackawanna County District Attorney Michael Barrasses office reviewed the grand jurys recommendation for five months before deciding a potential conflict of interest prevented it from prosecuting the case.

The conflict reportedly centers on contacts Mr. Eagen is alleged to have had with members of the district attorneys staff, an apparent attempt to identify grand jury witnesses and learn the nature of their testimony.