Judicial Preference

Average Americans, when going to court, don't get to select their judge.

Average Joe can't.

Celebrities like Martha Stewart, OJ Simpson, and Michael Jackson can't.

Not even corporate executives.

Unless, you're a politician.

In Travis County Texas, we have a perfect example of what it takes to make it happen. A powerful politican which has built a network of relationships based on money and political favors. Now, it's time to leverage those relationships.

As DeLay tries to find the "right" judge for his trial, more and more links between the politicans and judges are being revealed.

The first judge of DeLay's campaign finance trial, District Judge Bob Perkins, was removed Tuesday at DeLay's lawyer's request because of his contributions to Democrats.

The second judge, Senior Judge Pat Priest, was selected by state Supreme Court Chief Justice Wallace Jefferson. But, only after Chief Justice Jefferson had been asked to do so after Republican Administrative Judge B.B. Schraub, who was initially named to select a new judge, withdrew his name at the request of District Attorney Ronnie Earle. There was concern over Judge Schraub's political contributions to Republican candidates.

Now there's an issue about Justice Jefferson's links to DeLay which may result in the appointment of yet another judge.
CNN reports:

Jefferson's 2002 campaign treasurer, Bill Ceverha, was treasurer of DeLay's Texans for a Republican Majority Political Action Committee, according to state documents examined by The Associated Press.

The PAC is a co-defendant in DeLay's case and Ceverha was a defendant this spring in a civil trial brought by Democrats who lost state legislative races to Republicans in 2002.

Jefferson also was elected to his seat with the help of a $25,000 donation from the Republican National State Elections Committee, a group at the heart of the money laundering charge against DeLay.

He also received $2,000 from a DeLay-run PAC whose executive director is a co-defendant.

So what's wrong with a judge wanting to make contributions to his favorite policital party or candidate? Nothing, as long as there is no quid-pro-quo for the contribution and no appearance of impropriety.

The tough part is who makes the determination of what, if any, favors are being received as payback for the contributions? One can only make the best judgement with the information at hand. Information withheld is information not considered.

A University of Texas professor summed it up best:

The judicial wrangling is "a great shame," said Charles Silver, a legal ethics professor at the University of Texas Law School.

"It says that the judges who we elect can't be trusted to apply the law neutrally in cases that in some way, shape or form bear on their political beliefs," Silver said. "If that's true, we really need to revamp the whole system."

O what a tangled web we weave, When first we practise to deceive!

Sir Walter Scott, Marmion, Canto vi. Stanza 17.
Scottish author & novelist (1771 - 1832)

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