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Home Front: Politix
Judge Removed From DeLay's Criminal Case
2005-11-01
The judge in Rep. Tom DeLay's conspiracy case was removed at the congressman's request Tuesday because of his donations to Democratic candidates and causes. A new judge will be appointed to preside over the case, a judge who came out of retirement to hear the dispute ruled.
Bwahahahaha!
The ruling came after a hearing in which attorneys for the former House Republican leader argued that state District Judge Bob Perkins' political donations called his impartiality into question. Perkins, a Democrat, has contributed to candidates such as John Kerry and the liberal advocacy group MoveOn.org. "The public perception of Judge Perkins' activities shows him to be on opposite sides of the political fence than Tom DeLay," defense attorney Dick DeGuerin told Judge C.W. Duncan, who was called out of retirement to decide the matter.

Perkins had declined to withdraw from the case, and prosecutor Rick Reed argued at the hearing that DeLay must prove that a member of the public would have a "reasonable doubt that the judge is impartial" before Perkins could be removed. "Judges are presumed to be impartial," Reed said.

Judges are elected in Texas and are free to contribute to candidates and political parties. DeGuerin said no one contends Perkins did anything wrong, but "to protect the integrity" of the judicial system, he should not preside over a trial for someone to whom he is opposed politically. The issue has come up for Perkins before. He voluntarily stepped aside in a 1994 case against Sen. Kay Bailey Hutchison. Perkins had made a $300 contribution to Hutchison's political opponent. Hutchison, also represented by DeGuerin, was ultimately acquitted of misconduct charges.

DeLay was forced to step down as House majority leaader after being charged with funneling corporate campaign contributions to Republican candidates for the Texas Legislature. Texas law forbids the direct use of corporate money for campaigning.

Delay's lawyers cited 34 contributions Perkins has made to Democrats since 2000, including donations to Kerry and to MoveOn.org, a group that has waged a campaign against DeLay. Perkins has said that his contributions to MoveOn.org were made before it launched its anti-DeLay campaign. Prosecutors also argued that six of the contributions were wrongly counted twice by DeLay's attorneys.
MoveOn will be rending their clothes and wailing at the moon

DeLay's attorneys subpoenaed Perkins to testify, but Duncan said he would not have to take the stand. Perkins argued that his participation would threaten the public's confidence in the judiciary.
Posted by:Steve

#2  next up? Change of venue (out of the people's republic of Austin)
Posted by: Frank G   2005-11-01 18:27  

#1  I'm permitting myself a small, satisfied smile. Ever so ladylike...
Posted by: Seafarious   2005-11-01 17:31  

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