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New judge appointed in DeLay case, but validity unclear
A new judge has been appointed to preside over Rep. Tom DeLay's campaign finance trial after two judges stepped away from their involvement in the case because of their own political contributions. But judicial wrangling left the validity of Thursday's appointment of semiretired Senior Judge Pat Priest of San Antonio in question. All eyes Friday were on Democratic District Attorney Ronnie Earle to see whether he would challenge the appointment of Priest, a Democrat. Earle's spokesman did not immediately return a call for comment. Priest was selected to replace District Judge Bob Perkins, who was removed Tuesday at DeLay's request because of his contributions to Democrats. Republican Administrative Judge B.B. Schraub had been named to select a new presiding judge after Perkins was removed, but he withdrew Thursday at the request of Earle because of his political contributions to GOP candidates. Schraub then asked state Supreme Court Chief Justice Wallace Jefferson to name the new judge, and Jefferson selected Priest. But moments later, the district attorney asked that Jefferson, too, withdraw from the process. ... 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."
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