DeLay gets new judge

Lawyers for Tom DeLay argued successfully that the judge in his criminal trial should be removed from the case. They argued that Judge Bob Perkins should be removed because he has made donations to Democratic candidates and causes.

Perkins, a Democrat, has contributed to candidates such as John Kerry and the liberal advocacy group MoveOn.org.

"The public perception of Judge Perkins' activities shows him to be on opposite sides of the political fence than Tom DeLay," defense attorney Dick DeGuerin told Judge C.W. Duncan, who was called out of retirement to decide the matter.

Perkins had declined to withdraw from the case, and prosecutor Rick Reed argued at the hearing that DeLay must prove that a member of 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.

Judges are elected in Texas and are free to contribute to candidates and political parties. DeGuerin said no one contends Perkins did anything wrong, but "to protect the integrity" of the judicial system, he should not preside over a trial for someone to whom he is opposed politically.

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