February 11, 2009 7:01 PM

GOP Judge Quits DeLay Case

Tom Delay, as US Representative of Texas, Harris County Sheriff's bond office photo on black

Tom Delay, as US Representative of Texas, Harris County Sheriff's bond office photo on black (AP)

(AP)  Two days after Rep. Tom DeLay won a fight to get a new judge in his case, prosecutors Thursday succeeded in ousting the Republican responsible for selecting the new judge.

Administrative Judge B.B. Schraub withdrew after District Attorney Ronnie Earle filed a request to have him removed.

Schraub said he will ask the chief justice of the Texas Supreme Court — a Republican — to name a judge to preside over DeLay's conspiracy and money laundering trial.

DeLay is charged with illegally funneling corporate campaign contributions to Republican candidates for the Texas Legislature. The Texas Republican was forced to step down as House majority leader after being indicted.

On Tuesday, District Judge Bob Perkins, a Democrat, was removed from DeLay's case at the congressman's request because of his contributions to Democrats.

The district attorney argued that Schraub was objectionable, too, because he has made several contributions to GOP candidates, including Gov. Rick Perry, a DeLay ally. Earle said the contributions called into question Schraub's ability to be impartial.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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