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| Another day, another judge | |
| 2005-11-04 | |
| AUSTIN, Texas (AP) — A new judge was selected to preside over Rep. Tom DeLay's conspiracy and money laundering trial Thursday, after a GOP judge became the second to step away from involvement in the case because of political contributions he has made. Administrative Judge B.B. Schraub, a Republican who was to have selected the judge for the case, withdrew after Travis County District Attorney Ronnie Earle filed a request to have him removed. Two days earlier, District Judge Bob Perkins was removed from the case at DeLay's request because of his contributions to Democrats. Schraub asked Texas Supreme Court Chief Justice Wallace Jefferson to name a judge to preside over DeLay's trial. Jefferson selected semi-retired Senior Judge Pat Priest of San Antonio, a Democrat. Earle, however, filed a motion requesting Jefferson be removed from the case moments after Jefferson's office distributed a letter naming Priest to the job. The validity of Priest's assignment by Jefferson was not immediately clear. State documents examined by The Associated Press show that Jefferson's 2002 campaign treasurer, Bill Ceverha, also was the treasurer of DeLay's Texans for a Republican Majority Political Action Committee. The PAC is a codefendant in DeLay's case. Ceverha was a defendant this spring in a civil trial brought by Democrats who lost state legislative races to Republicans in 2002. Jefferson also was elected to his seat with the help of a $25,000 donation from the Republican National State Elections Committee, a group at the heart of the money laundering charge against DeLay. And he received $2,000 from a DeLay-run PAC whose executive director is a co-defendant. Lawyers on both sides in DeLay's case have argued that political contributions by judges have harmed at least the appearance of impartiality. But in a state where judges are elected and free to contribute to candidates and political parties, it could be a challenge to find a judge who meets both sides' definition of impartial.
DeLay is charged with illegally funneling corporate campaign contributions to Republican candidates for the 2002 legislative races. The Texas Republican was forced to step down as House majority leader after being indicted. DeLay attorney Dick DeGuerin agreed that the system of electing partisan judges is flawed but criticized Earle for setting the current situation in motion. Earle argued that Schraub was objectionable because he has given money to GOP candidates including Gov. Rick Perry, an ally in DeLay's successful effort to redraw congressional districts to benefit Republicans. DeLay's contributions to Texas Republicans helped the GOP win control of the Texas House in 2002. Then, in a series of special sessions called by Perry, the GOP pushed through a redistricting plan crafted by DeLay that helped get more Republicans elected to Congress in 2004. In his request for Schraub's removal, Earle said Schraub's financial support of Perry reveals that the judge "agrees in principle with Perry's agenda regarding Tom DeLay's redistricting map." Prosecutors also suggested that Schraub appears politically indebted to Perry, who appointed him as administrative judge and can reappoint him in January. Schraub, 76, has also contributed to George W. Bush's campaigns for governor and president. DeLay objected to Perkins, a Democrat, because he has contributed to Democratic candidates such as John Kerry and the liberal advocacy group MoveOn.org. The judicial wrangling is "a great shame," said Charles Silver, a legal ethics professor at the University of Texas Law School. "It says that the judges who we elect can't be trusted to apply the law neutrally in cases that in some way, shape or form bear on their political beliefs," Silver said. "If that's true, we really need to revamp the whole system." | |
| Posted by:Steve |
| #3 Wake me in 2008. |
| Posted by: Curt Simon 2005-11-04 16:25 |
| #2 RC Not all Democrats drink the KoolAid and I bet this Judge has more in common with Republicans than Democrats. This is an old Democrat and probably a conservative one to boot. Earle is worried that the judge will take one look at his "evidence" and toss the whole thing out. His case is really that weak. |
| Posted by: Cyber Sarge 2005-11-04 15:42 |
| #1 So now Earle's demanding that a Democrat judge not be allowed to hear the case because he was assigned by a Republican? |
| Posted by: Robert Crawford 2005-11-04 15:30 |