Justice Delayed is Justice Denied For Delay

[kentuck]

The judge for the Tom Delay trial has requested a superior judge to rule whether or not he should recuse himself because he donated to the activist Internet site, Moveon.org. If he had donated to Lucianne.org or had bought a T-shirt from Freerepublic.com, then it is assumed he would have been a perfectly fair judge.

This is a very important event. It will be interesting to see how the superior judge rules in this matter. If Tom Delay cannot get a fair hearing under this judge, can anyone get a fair hearing under this judge? Should he even be a judge at all?

Tom Delay is threatening to make a mockery of the courtroom and our justice system. If the judge is a Democrat, he cannot get a fair trial, he seems to be saying. This is a very important call for the superior judge. Now, if they ask all the jurors, except for the most right-wing supporters of the Republican Party, to recuse themselves from the jury, then we will have the ideal Republican justice system.

[Pacifist Patriot]

1. It's typical defensive maneuvering.

I will be very very surprised if the supervising judge orders Perkins recused.

[bryant69]

2. It will be intersting to see how that plays out.

If conditions were reversed, and Ronny Earle were requesting a change of venue because the judge involved had donated to Free REpublic, what would be your reaction? I don't know, if a judge can't judge a case on the merits he shouldn't be a judge.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[kentuck]

7. Very true...

A judge should be able to judge a case on its merits or he should not be a judge.

[Deep13]

3. The judge must maintain control of that courtroom.

Bias usually means that the judge has a financial stake in the outcome, is related to one of the litigants or witnesses or once represented or sued one of the litigants or witnesses. Buying a T-shirt is not bias, but that is not how Fux News will spin it.

If Tom the Orc is allowed too much leeway in the courtroom, he will use it as a soapbox for the media, to confuse the jury or deliberately to create error on appeal. A regular criminal judge ought to be able to keep things under control. The danger is if he is recused and replaced with a retired judge, the replacement will be out of practice and may screw it up.

[MoJoWorkin]

4. Does anyone know the name of the Superior Judge?

We need to "check him out"--see how he donated, ha. On, and on, down the line, until DeLay gets the one he wants. Does any other citizen get that right when hauled into court?

[Not_Giving_Up]

5. Think of the precedent it will set if he gets a new judge

Got a speeding ticket? Look up the political affiliation of the judge before you go to court, and make sure to find out where they've donated money to. Then, request a change of venue because you don't think that a repuke judge could hear your case fairly.

[sharp_stick]

6. Playing for an appeal?

I think it's a good move for the judge to ask a superior to rule on the recusal.

DeGuerin is hammering the court with motion after motion after motion. It seems to be common for lawyers to do this early in the case in the hopes of getting an appeal heard if they lose the original case. If the current judge just told DeGuerin to sit down and shut up it would open an appeal avenue, by asking a superior, maybe not.

Just an observation.

[Geoff R. Casavant]

8. It's standard procedure

You petition the original judge for recusal, and if that judge recuses himself, all well and good, but TX law does not permit a judge to automatically refuse to recuse himself, and requires such a decision to be made by a different judge.