DeLay Seeking New Judge

Attorneys defending Republican U.S. Rep. Tom DeLay are hoping they can convince a judge that Democratic state district Judge Bob Perkins should not oversee DeLay's criminal trial.

On Tuesday, Visiting Judge C.W. Duncan was to hold a hearing on whether Perkins should be removed from DeLay's politically charged case because of alleged bias.

"I think that the judicial system should not be open to the kind of criticism that would naturally happen if Judge Perkins remains on the case," DeLay attorney Dick DeGuerin said Tuesday on his way to the hearing.

DeLay arrived for the hearing early Tuesday. He walked past several journalists' cameras with a smile on his face but didn't speak.

DeLay was forced to step down as House Majority leader after he was charged with criminal conspiracy and money laundering in an alleged campaign finance scheme to help put more Republicans in the Texas House and Congress. He is one of the top American political leaders and a key player in getting Bush administration legislation passed in the House.

His defense team claims that Perkins is biased and cites several contributions Perkins made to Democratic candidates and causes. "He should not be the judge to preside over the trial proceedings relating to a person to whom he is opposed politically," DeLay attorney Dick DeGuerin argued in a brief filed with the court on Monday.

DeLay's legal team has subpoenaed Perkins to testify, but the judge filed a motion to avoid testifying. Perkins argued that his participation in the proceedings would threaten "public confidence in the integrity and the impartiality of the judiciary."