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DeGuerin Wins New Judge for Tom DeLay

By Jeralyn, Section Tom DeLay
Posted on Tue Nov 01, 2005 at 01:25:34 PM EST
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Houston lawyer Dick DeGuerin scored another win for Tom DeLay today. The judge who had donated to Democratic causes has been removed from the case.

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    DeGuerin Wins New Judge for Tom DeLay | 23 comments (23 topical)
    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#1)
    by roger on Sat Dec 17, 2005 at 01:05:38 PM EST
    The Bloomberg article states that no cases were cited by Delay. In Florida, the judge could have been Kerry's campaign manager and it would not have been sufficient for removal. 1- How did this get through? 2- Can it (or will it) be appealed?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#2)
    by roger on Sat Dec 17, 2005 at 01:05:38 PM EST
    Is BigTex out there? Is there any relevant Tx law on this?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#3)
    by Sailor on Sat Dec 17, 2005 at 01:05:38 PM EST
    So does this become a precedent that any judge who gave to repubs can be dismissed also?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#4)
    by desertswine on Sat Dec 17, 2005 at 01:05:38 PM EST
    In that case they'll have to import a judge from another planet.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#5)
    by Kitt on Sat Dec 17, 2005 at 01:05:38 PM EST
    Now wait a second. Isn't this the judge who said he would attempt to find a way to recuse himself after DeGuerin brought up the judge's politics & donation to MoveOn.org?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#6)
    by squeaky on Sat Dec 17, 2005 at 01:05:38 PM EST
    Unbelievable. DeGuerrin gave over $15,000 to the dems, more than twice as much as Judge Perkins.
    A new judge will be appointed to preside over the case, a judge who came out of retirement to hear the dispute ruled.
    WTF is that about. Who picked him? Next he will have 18th century judges channel their rulings through mediums. He is 81 and a Dem and supposedly known for his non partisan mediating skills but known by whom?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:38 PM EST
    Now they have to get someone Politically neutral? How is that possible in texas? Can they find a judge who hasn't contributed to any Party or Has contributed to both? Some Judges can't think beyond their nose. I hope the replacement is a Democrat and a really tough one.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#8)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:38 PM EST
    I don't have a problem with the ruling as long as it is applied to both sides. But good luck finding an untainted TX judge, practically a contradiction in terms (I'm from Houston).

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#9)
    by Sailor on Sat Dec 17, 2005 at 01:05:38 PM EST
    I also don't have a problem with the ruling, as long as the same standard is applied to the new judge.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#10)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:38 PM EST
    I called my Congressman today and demanded that the next Judge placed on Tom DeLay's trial be given the same scrutiny that this removed Judge was put through. I was told (by my Congressman) that he will personally do that. It is time to put on our boxing gloves and let these repugnikkkans know that we can play the same game!

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#11)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:38 PM EST
    Ed Beckman writes:
    Now they have to get someone Politically neutral?
    Yes, Ed. Now they do. And I am glad to see that you agree that the previous judge was not.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#12)
    by aw on Sat Dec 17, 2005 at 01:05:38 PM EST
    Is BigTex out there? Is there any relevant Tx law on this?
    Why are you asking a man who has directly compared pregnant women to cows on TX law? Yes, I KNOW it's not relevant to this case, but I don't think he's a lawyer. He couldn't possibly be, could he?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#13)
    by Kitt on Sat Dec 17, 2005 at 01:05:38 PM EST
    Well...I was wrong. I thought Judge Perkins had said he would find a way to recuse himself. This from Reuters:
    "Perkins had refused to recuse himself from it, but asked that the decision be made by another judge."
    Oh, okay.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#14)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:38 PM EST
    So they're going to have to find a judge for the case who has never donated either to the Democratic or the Republican party?

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#15)
    by roger on Sat Dec 17, 2005 at 01:05:38 PM EST
    aw, BigTex is a law student. I was not asking for his opinion, but rather for some case law. Jim, Political donations have never, to my knowledge, been a legit factor to recuse a judge.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#16)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:39 PM EST
    Roger - I think there is something else here besides donations. Anyway, looks like the deal is done. On with the execution... ooops, guess we'll now have a trial...first, ;-)

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#17)
    by txpublicdefender on Sat Dec 17, 2005 at 01:05:39 PM EST
    This decision is ridiculous. All district judges in Texas are elected politicians. Virtually every last one of them is either Democrat or Republican and has given money to one party or another. If this judge has to be recused, then what judge can possibly hear it? The state has the same rights to recuse a judge as the defendant does in Texas. So, are they going to find someone who hasn't given any money or support to any Democrats or Republicans? I don't see how. And, if it ever gets so far as to have an appeal of a conviction, will every appellate judge have to recuse him or herself, because I guarantee you that every judge on the Court of Appeals in Austin and the Texas Court of Criminal Appeals has given money to one party or another. This is ridiculous.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#18)
    by roger on Sat Dec 17, 2005 at 01:05:39 PM EST
    txpd, Is there any authority for this ruling? In Florida, it would be a non-starter Jim, I dont think that you realize what a can of worms has been opened. Everyone loses with this decision. And no, most (or all) judges do not rule based on a person's political affiliation

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#19)
    by squeaky on Sat Dec 17, 2005 at 01:05:39 PM EST
    DeGuerin did the same thing in his defense of Hutcheson and then, as he is doing now, had the trial moved to Houston where Earle dropped the case. He seems to have a winning formula. It is revolting when high price tricks allow rich criminals to walk.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#20)
    by Patrick on Sat Dec 17, 2005 at 01:05:41 PM EST
    He did nore than donate to democratic cause. He donated to what many people believe is a fringe organization. Funny that many here would applaud this ruling if the situation were reversed.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#21)
    by roy on Sat Dec 17, 2005 at 01:05:41 PM EST
    All district judges in Texas are elected politicians. Virtually every last one of them is either Democrat or Republican and has given money to one party or another.
    It's not that he gave to the party. He gave to MoveOn, which is (among other things) explicitly an anti-Delay organization. For an exagerated example, imagine John Kerry being judged by somebody who donated to the Swift Boat guys.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#22)
    by txpublicdefender on Sat Dec 17, 2005 at 01:05:41 PM EST
    MoveOn was not designed specifically to stop DeLay, though, like the Swiftboat Vets were designed to oppose Kerry. DeLay is certainly a frequent target, but the fact that this judge donated to them doesn't indicate that he could not be fair to DeLay in a trial. Judges who have been through divorce preside in divorce cases. Judges who have been crime victims preside in criminal trials. Judges who have been in car accidents preside in car accident cases. If this judge had bought a t-shirt that said, "Stop DeLay" or had given a speech decrying DeLay or had done something more specific that could demonstrate that he had some sort of personal animosity towards DeLay such that he could not be fair, that would be different. But he has not. And I can't wait to see what the Republican judges on the Texas Court of Criminal Appeals (if they ever get the case) will do when they are asked to recuse themselves, because every last one of them is Republican. Another thing . . . Here in Texas, during judicial elections, judges often campaign by making specific promises about being tough on people convicted of particular crimes, promising to lock up all sex offenders, or armed robbers, or drug dealers. If we could recuse every judge who made such a promise from any case dealing with that offense, we wouldn't be able to function down here. I give my props to DeGuerin. He is a damn good lawyer. Heck, I took his Advanced Criminal Defense seminar at UT law school, and it was great. He recently got a guy acquitted of murder on self defense, even though the guy had chopped up the victim into pieces and thrown his body in the bay, then jumped bail and fled to another state. He is just doing his job. But the judge who heard this motion was not doing his job. He is the one to be blamed here, not the defense lawyer.

    Re: DeGuerin Wins New Judge for Tom DeLay (none / 0) (#23)
    by squeaky on Sat Dec 17, 2005 at 01:05:41 PM EST
    Besides he gave to MoveOn before they went after DeLay, and did not contribute during or after MoveOn publicity campaign about DeLays dirty dealings. So the bit about MoveOn is irrelevant, as is the fact he gave money to any party.

    DeGuerin Wins New Judge for Tom DeLay | 23 comments (23 topical)