DeLay judge unlikely to be pulled
Donations to Dems not a solid case in Texas for bias, experts say
By JANET ELLIOTT, Houston Chronicle
AUSTIN - In a state that elects all of its judges in partisan elections, Congressman Tom DeLay could have trouble arguing that the judge assigned to his case should step aside because he donated to political parties and candidates. "There's no district judge in the state of Texas who is not either a Democrat or a Republican. I don't know that you're entitled to a judge who won a primary that your client shares," said Keith Hampton, an Austin criminal defense lawyer.
But DeLay's attorney, Dick DeGuerin, said the motion to recuse state District Judge Bob Perkins isn't because Perkins is a Democrat, but because the veteran judge has made political contributions to causes and persons opposed to DeLay. "I don't care whether we get a Republican judge or a Democratic judge," said DeGuerin. "This is about getting a judge who hasn't been heavily politically active in contributing to causes and races opposed to Tom DeLay."
Legal experts agree that showing partisanship is not enough. They say DeLay, who is facing charges that he violated laws barring corporate donations to state candidates, must convince a court that Perkins has a personal bias against him. "It seems an inadequate basis for recusal," said Austin lawyer Steve Bickerstaff, who has handled politically charged redistricting cases and election contests. Bickerstaff, who is writing a book about DeLay's involvement in the 2002 Texas House elections, said judges with a particular party affiliation routinely hear disputes over redistricting, ballot disputes and campaign finance laws...
http://www.chron.com/cs/CDA/ssistory.mpl/politics/3408415