Former House Majority Leader Tom DeLay's criminal case will be heard by a new judge. Judge C.W. Duncan, who came out of retirement just to hear this dispute, ruled that District Judge Bob Perkins' donations to Democratic candidates and the liberal advocacy group MoveOn.org called his impartiality into question.
Judges in Texas are elected and not appointed and are permitted to make donations to political parties, candidates and organizations.
Perkins said that his donations to MoveOn.org were made before the organization launched its campaign against DeLay. The prosecution also argued that DeLay's attorneys had counted six of the donations made by Judge Perkins twice.
DeLay was forced to step down as House majority leader because he has been charged with funneling corporate campaign contributions to Republican candidates for the Texas Legislator. Texas law explicitly forbids the direct use of corporate money for campaigning.
DeLay's attorneys subpoenaed Judge Perkins in an attempt to force him to testify but Judge Duncan said Perkins would not have to take the stand.
The first mini-victory in the matter belongs to DeLay. The final victory will be much more important for the embattled former Majority Leader.
