03:12 PM CST on Friday, November 4, 2005

Associated Press

AUSTIN -- Texas Supreme Court Chief Justice Wallace Jefferson said Friday his decision to appoint a Democratic judge to oversee Republican Rep. Tom DeLay’s criminal case stands, despite prosecutors’ objections about Jefferson’s political connections.

In a letter to District Attorney Ronnie Earle and defense lawyer Dick DeGuerin, Jefferson wrote that he was denying Earle’s request that Jefferson recuse himself in the case. The duty to make such judicial assignments stops with his office, he wrote.

On Thursday, Jefferson named Senior Judge Pat Priest of San Antonio to oversee DeLay’s conspiracy and money laundering trial.

If it is shown that Priest cannot preside fairly and impartially, the assignment of Priest—but not the power of the chief justice to assign—can be challenged, Jefferson wrote.

Priest was selected to replace District Judge Bob Perkins, who was removed Tuesday at DeLay’s request because of his contributions to Democrats.

Republican Administrative Judge B.B. Schraub had been named to select a new presiding judge after Perkins was removed, but he withdrew Thursday at the request of Earle because of his political contributions to GOP candidates.

Schraub then asked Jefferson to name the new judge.

Prosecutors complained that Jefferson, too, had ties to Republicans that could pose a potential conflict.

Among other things, Jefferson’s 2002 campaign treasurer, Bill Ceverha, was treasurer of DeLay’s Texans for a Republican Majority political committee. Jefferson also received a $25,000 campaign donation from the Republican National State Elections Committee, a group at the heart of the money laundering charge against DeLay.