Texas judge removed from case vs. DeLay
AUSTIN, Texas -- In a courtroom victory for Representative Tom DeLay, the judge in the campaign finance case against the former House Republican leader was removed yesterday because of his donations to Democratic candidates and causes.
A semiretired judge who was called in to hear the dispute, C. W. Bud Duncan, ruled in DeLay's favor without comment. Duncan ordered the appointment of a new judge to preside over the case.
The ruling occurred after a hearing in which DeLay's lawyers argued that state District Judge Bob Perkins's political donations created the appearance of bias. Perkins, a Democrat, has contributed to candidates such as former presidential candidate John F. Kerry and the liberal advocacy group MoveOn.org.
''The public perception of Judge Perkins's activities shows him to be on opposite sides of the political fence than Tom DeLay," defense lawyer Dick DeGuerin argued.
Perkins had declined to withdraw from the case, and prosecutor Rick Reed argued that DeLay had to prove that 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.
Perkins did not attend the hearing and did not immediately return a call for comment.
DeLay had no comment as he left the courthouse.
DeLay's lawyers also are seeking to have the trial moved out of Austin, citing the media attention and contending that Austin, widely perceived as a liberal college town, is ''one of the last enclaves of the Democratic Party in Texas."
Judges are elected in Texas and free to contribute to candidates and political parties. DeLay's lawyers said repeatedly during the hearing that they were not accusing Perkins of anything, but that there should not be a public perception of partiality in the case.
The issue has come up for Perkins before. He voluntarily stepped aside in a 1994 case against Senator Kay Bailey Hutchison, a Republican.
Perkins had made a $300 contribution to Hutchison's opponent. Hutchison, who also was represented by DeGuerin, ultimately was acquitted of misconduct charges.
