"Hearing Set for Delay Judge Request"

[Rowdyboy]

AUSTIN, Texas (AP) -- A retired Texas judge was appointed Monday to decide if state district Judge Bob Perkins should continue presiding over former House Majority Leader Tom DeLay's trial on money laundering and conspiracy charges.

C. W. Duncan, a former state district judge, will hold a hearing Nov. 1 on DeLay's request that Perkins leave the case because he has contributed money to candidates and Democratic causes that oppose DeLay.

Perkins referred the decision to B.B. Schraub, presiding judge of the third administrative judicial region. Schraub on Monday assigned the case to Duncan. The hearing will be in Perkins' Austin courtroom.

In the document asking Perkins to step aside, attorneys listed 34 contributions that Perkins made to Democratic organizations and candidates, including three to Sen. John Kerry, D-Mass., when he was running for president in 2004. Others went to the Democratic National Committee, the party's Texas arm and MoveOn.org., a liberal interest group.

http://hosted.ap.org/dynamic/stories/D/DELAY_JUDGE?SITE=FLTAM&SECTION=HOME&TEMPLATE=customwire.htm

[robertarctor]

1. If these guys prevail ...

I think every single Democrat who ever got reamed by a partisan Republican judge should file for a hearing to reverse the outcome so a more open-minded Democratic judge can preside over their cases.

Or maybe that rule only works for Republicans.

[Old and In the Way]

2. "Special Rights" for Republicans?

Only other criminal-Republicans can hear cases involving criminal-Republicans? What a novel defense. If DeLay's sucessful, there goes our legal system.

[flying_wahini]

3. I think that having Perkins will be a good thing....

That way DeLay will have a democrat Judge AND a democrat attorney.
Perkins must be a great guy.

[BattyDem]

4. This is bullshit!

If he gets to have a new judge, than every person who is ever charged with a crime should have the right to "pick and choose" the judge they want, too! African-Americans should be able to request African-American judges; women should be judged by other women; Muslims should only have to answer to Muslim judges; Homosexuals should get homosexual judges; etc ... etc.

If DeLay is an innocent as he claims to be, then the judge's politics should not be of any concern. After all, if the judge is openly biased against him, he will easily win on appeal. Besides, it's the GOP that decided to politicize the judiciary, so it's too fucking bad if that decision comes back to bite them in the ass!!! :grr: :grr: :grr:

[roguevalley]

5. so, giving to dems and progressives is now against the law?

Texas is beginning to TRULY, REALLY, INTENSELY piss me off.

[jsamuel]

6. a part of me would rather have DeLay get a Repub judge, but the precident

of Dem vs Repub judge switching would be an unbelievable opening to all kinds of appeals and every other person could get a new judge by blaming it on the party they are aligned with. Horrible precident...

[Rose Siding]

7. Is it this CW Duncan?

Open Secrets has a CW Duncan in Houston who *also* contributed to Dems- the Junior CW, split.

DUNCAN, C W
HOUSTON,TX 77002
DUNCAN INTERESTS
6/22/2001
$500
Rockefeller, Jay

DUNCAN, C W
HOUSTON,TX 77002
DUNCAN INTERESTS
6/28/2002
$500
Cleland, Max

DUNCAN, C W JR
HOUSTON,TX 77002
DUNCAN INTERESTS
3/29/2002
$1,000
Bowles, Erskine B

DUNCAN, C W JR MR
HOUSTON,TX 77002
DUNCAN INTERESTS
6/2/2003
$1,000
Hutchison, Kay Bailey

http://www.opensecrets.org/indivs/search.asp?NumOfThou=0&txtName=Duncan%2C+C.+W.&txtState=TX&txtZip=&txtEmploy=&txtCand=&txt2004=Y&txt2002=Y&Order=N



But on the cached Google page, the photo is identified as "C.W. Duncan". (I don't know anything about the source, "Rulers")

Duncan, Charles W(illiam), Jr. (b. Sept. 9, 1926, Houston, Texas), U.S. energy secretary (1979-81). In 1977 he was appointed deputy secretary of defense, in charge of that department's financial management. In the summer of 1979 he became energy secretary. From the start, his brisk businessman's approach was viewed as a sharp contrast to the sometimes chaotic rule of James Schlesinger, who had headed the cabinet department since its creation in 1977. Schlesinger was under fire from all sides when he resigned, and the department had been severely criticized for its confusing and contradictory policies. Duncan's main asset appeared to be the professional management approach he brought to the job.

http://66.102.7.104/search?q=cache:zOHKTmcQUzYJ:lwww.rulers.org/indexd4.html+Texas+%22C.W.+Duncan%22,+judge&hl=en

[Rowdyboy]

8. Thank you! I tried but couldn't find any information on him....

Delay must be sweating. Another damn Democrat!

[annabanana]

9. Why did Schraub pass to Duncan?

I thought Schraub was going to decide (?)

[Rowdyboy]

11. Don't quite understand, but-since Duncan appears to be a Democrat....

It looks like a wash

[leesa]

10. Well, if he has any judicial integrity, it will be thrown out.

Though, it's good to know there will be precedent set in Texas to remove a judge for nost any old reason if he decides to rule in DeLay's favor.

[Tight_rope]

12. That Tom DeLay is just a fucking cockaroach...

who's too stupid to hide when the lights are turned on (indictments). Eventually, you just have to use a shoe and just mash it on the floor.

And I hope that thats exactly what Ronnie will do. Just smash him to death. Where there is no return of the Hammer because he'll be in the Slammer.:spank:

[Judi Lynn]

13. Hearing is set for request by DeLay to remove judge

Oct. 25, 2005, 1:49AM

Hearing is set for request by DeLay to remove judge
A retired jurist from Killeen is selected to decide the motion
By R.G. RATCLIFFE
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN - A retired judge will decide whether state District Judge Bob Perkins' donations to Democratic organizations make him too biased to hear the criminal case against U.S. Rep. Tom DeLay.

Senior Judge C.W. "Bud" Duncan Jr., 81, of Killeen set a 10 a.m. hearing for Nov. 1 in Austin to hear DeLay's motion to remove Perkins from his case.

The hearing a week from now was set shortly before DeLay's lawyer, Dick DeGuerin of Houston, filed a motion asking for an expedited hearing on all of DeLay's motions in the case. DeGuerin asked for the speedy hearing because DeLay, R-Sugar Land, had to step down from his post as House majority leader because of the indictments against him.

DeLay and two associates are accused of conspiracy to violate Texas election laws and conspiracy and money laundering. The charges stem from how the DeLay-founded Texans for a Republican Majority spent corporate money during the 2002 Texas House elections.
(snip/...)

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3413564
(Free registration required)

[texpatriot2004]

14. I don't think that he will get a new judge. It would be a bad

precedent to set; plus the case is too politically charged and too visible for the Rethug judge to make a change. Furthermore, DeLay's attny gave more money to the Dems than this judge DeLay is facing.

[Peter Frank]

15. It's a Different World for Delay...

...now that he can't depend on a Republican Congress to change the rules in order to accomodate his dealings.

[radfringe]

16. buy one get one free?

toon --> http://radfringe.tripod.com/

[Rowdyboy]

17. LOL-thats really excellent....

"and could you gift-wrap him for me!"

[Toots]

18. If he is found too biased to rule on Delay he is too biased to rule period

What Delay is really asking for is this judge to be removed from the bench because he donated to Democrats. If Delay were to win out in this the judge could never rule against another Republican, ever..so his judging days would be over. Don't see this happening no matter how partisan the judge. Remember what comes around goes around...