who will rule on whether there's a new judge in the DeLay case?

[toey]

I mean if there's a motion to get a new judge and its presented to the judge, he's obviously going to deny that motion.

OK, all you legal peeps, what's the answer?

[ET Awful]

1. It's the judge's decision whether to recuse himself or not.

Any objection to his decision would have to be taken up on appeal.

[maddezmom]

2. this guy: Judge B.B. Schraub

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5123014

[Geoff R. Casavant]

3. Here's my experience in Texas:

If a motion to recuse Judge X is filed, Judge X has two choices: he can either grand the motion and recuse himself, or he can forward the motion to a different judge to make an impartial determination. Judge X may not unilaterally refuse to recuse himself.