It is legal for Texas civil and criminal court judges to make political contributions. Yet attorneys for US Rep Tom DeLay of Sugar Land, were successful in removing Judge Bob Perkins from hearing DeLay’s case based on the argument that Perkins donated more than $5000 to Democratic partisan organizations. A visiting judge, accepted the argument that the donations ruined Judge Perkins’ appearance of impartiality and removed him from the case.
Houston Chronicle lists the top ten political contributions made by Texas judges – the first nine were by Republican judges to Republican candidates and their causes. Will this open the door for Democrats to demand removal of Republican judges from hearing their cases? DeLay’s attorneys argue that won’t necessarily be the case because most defendants before judges "… are in there because they stole something or whatever … The judge isn’t going to know whether they are a Democrat or a Republican," whereas DeLay is before a judge specifically for his role in a political activity on behalf of his party. They also argued that Perkins’ donations were different from those made by most other judges whose contributions went mainy to local or presidential campaigns whereas Perkins donated to causes or organizations who used DeLay as a "whipping boy" for fund raising.
But others disagree. "This case may set a precedent for asking judges to recuse themselves because they make political contributions," said Craig McDonald, executive director of Texans for Public Justice, a campaign finance advocacy organization. "Judges are political animals."
Tom DeLay is a polarizing figure nationally and much more so in Texas politics. There is hardly any impartiality either way, about how Texans think of him. No matter who the next judge will be, it will be very hard to shake off charges of partisanship in this case involving one of the most defiantly partisan politicians on the US political stage.
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