Tom Girardi has three months to prepare for a criminal trial in California, but he won’t face jurors until at least 2025 in Illinois, where his lawyer in a separate case wants another crack at determining his mental competence.

On Jan. 2, Girardi, 84, now in an assisted living facility, was found competent to stand trial by a federal judge in Los Angeles, who set a May 21 trial date. At a Feb. 2 telephonic hearing, Girardi’s Illinois lawyer, Seema Ahmad, asked U.S. District Judge Mary Rowland of the Northern District of Illinois to not simply accept that ruling.