A Collaboration with the University of Pittsburgh

BREAKING NEWS ~ DeLay prosecutor seeks new judge

[JURIST] The Austin American-Statesman is reporting that Travis County District Attorney Ronnie Earle [official website] has requested that Administrative Judge B.B. Schraub be replaced in the Tom DeLay [official website; JURIST news archive] case. Schraub had been tasked with naming a replacement [Houston Chronicle report] for Judge Bob Perkins after retired Texas Judge C.W. Duncan, appointed by Schraub to hear the Republican Congressman's recusal motion [JURIST report], ruled Wednesday that Perkins should not preside [JURIST report] over DeLay's trial on money laundering and criminal conspiracy charges [JURIST report] given his donations to Democratic candidates and causes. Schraub had said that he would choose a retired judge from outside Austin's Travis County who "has the characteristics we're looking for and will do it," though Schraub did not elaborate on what those characteristics were. Earle has asked that a new judge be put in charge of naming a replacement for Perkins.

12:07 PM ET - In his motion filed Thursday, Earle asked that Schraub either recuse himself or appoint another judge to take his place. According to the motion, Schraub has made several contributions to Republican candidates, including the Texas governor, and these contributions call into question his impartiality. AP has more.

2:23 PM ET - Schraub recused himself from the case Thursday afternoon and said that he will ask the chief justice of the Texas Supreme Court to name a judge to preside over DeLay's trial. AP has more.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.