Judge Perkins Removed in DeLay Case

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The New York Sun

AUSTIN, Texas – In a courtroom victory for Rep. 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 semi-retired judge who was called in to hear the dispute, C.W. Bud Duncan, ruled in Mr. DeLay’s favor without comment. Judge Duncan ordered the appointment of a new judge to preside over the case.


The ruling came after a hearing in which DeLay’s attorneys argued that state District Judge Bob Perkins’s political donations created the appearance of bias. Judge Perkins, a Democrat, has contributed to candidates such as John 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,” a defense attorney, Dick DeGuerin, argued.


Judge Perkins had declined to withdraw from the case, and the prosecutor, Rick Reed, argued at the hearing that Mr. DeLay had to prove that a member of the public would have a “reasonable doubt that the judge is impartial” before Judge Perkins could be removed.


Judge Perkins did not attend the hearing and did not immediately return a call for comment.


Mr. DeLay had no comment as he left the courthouse. Mr. DeLay’s lawyers are also seeking to have the trial moved out of Austin, citing the press attention and noting 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 are free to contribute to candidates and political parties. Mr. DeLay’s lawyers repeatedly said during the hearing that they were not accusing Judge Perkins of doing anything wrong.


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