Attorneys from both sides submitted written materials supporting their respective arguments Aug. 6, meaning Menges should have ruled by Nov. 4.
Oaks said he received notice Nov. 8 that Menges had filed for an extension.
“Honestly, I can’t recall a time [when a judge has needed an extension], but this is not the run-of-the-mill type of a case that should be decided in a week,” Oaks said.
Representatives from the Indiana Supreme Court didn’t respond to a request for information this week. As of Thursday, Menges had received no word on his extension request.
If the extension is granted, Menges could have until January to rule on the case, although Menges said Thursday he intends to have a ruling much sooner.
Menges said the appointment of Howard County Chief Adult Probation Officer Don Travis to the position of deputy director of Indiana’s Division of Children’s Services created both personnel and budget issues that had to be addressed.
“Unfortunately, about 60 percent of the probationers in Howard County come from Superior 1, so I was in the middle of all of this,” Menges said.
Dustin DeLong was promoted from the drug and alcohol program to Travis’ post, but a retirement in DeLong’s old department meant several employees are now in new positions, Menges said. He said the county will actually be spending less on the departments after the changes.
Menges said that since he’s filed for an extension, he won’t be able to issue the ruling until the Supreme Court addresses the extension request. He said he anticipates that happening next week, but cautioned that the Supreme Court has no time limit for taking action.