From the Associated Press -
The judge in Rep. Tom DeLay's conspiracy case was removed at the congressman's request Tuesday because of his donations to Democratic candidates and causes.
A new judge will be appointed to preside over the case, a judge who came out of retirement to hear the dispute ruled. The ruling came after a hearing in which attorneys for the former House Republican leader argued that state District Judge Bob Perkins' political donations called his impartiality into question. 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.