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A diary appeared a few days ago that raised questions about the Judge who would hear the motion of whether or not Judge Perkins would be allowed to preside over the trial of Tom DeLay.  There seemed to be some confusion over Duncan who was listed as giving to both Dems and Repubs.  It wasn't until today, that I realized that I knew the Judge who would hear this case.  To those of us in Killeen who know him, he is just plain "Bud". I decided to google "Bud" Duncan to see if he was the same one that I knew.  I happened on the article which I've highlighted below.

For those who want to know more about his man, follow on down.

Longtime Texas Democrat to decide DeLay recusal motion


By APRIL CASTRO  / Associated Press

A retired Central Texas judge with a reputation as a non-political mediator will decide who presides over former House Majority Leader Tom DeLay's criminal case.

A refresher on the what the hearing is about

Bell County Senior Judge C.W. Duncan, 81, was selected to consider DeLay's request that state district Judge Bob Perkins not oversee his trial on conspiracy and money laundering charges.

Perkins has contributed money to several Democratic candidates and organizations, including 2004 presidential candidate John Kerry and, a liberal interest group waging a "Fire Tom DeLay" campaign through radio ads.

Duncan is a very fair judge and down to earth. He has a long fast rule with friends.  They stay friends by never discussing religion or politics.

"He's not driven by politics and personality," said longtime Bell County District Attorney Cappy Eads. "I had Judge Duncan rule for me and rule against me both many times. Even in disagreement, I always felt that he was guided by his interpretation of the law and what he felt was the right thing to do."

Duncan retired in 1988 and took senior judge status and travels around the state to serve as a visiting judge.  He no longer has to run for office, so he contributes to who he wants.  He no longer has to play politics.

Since 1989, Duncan has made small contributions to both Democrat and Republican candidates, including $200 to Don Armstrong, a Democrat who lost a bid for the Texas House, and three to Republican John Cornyn's campaigns for the Texas Supreme Court and later attorney general.

Colleagues say the judge is too seasoned and independent to bow to the political pressure that might come from a high-profile case like DeLay's.

Since DeLay's lawyer, Dick Deguerin is known for his theatrics, this is going to be fun to keep up with.  I'll put my money on the Judge any day of the week.

"He's not inclined to put up with a lot of courtroom theatrics because he's heard it all. I've never known him to be much of a political animal," said Mary Harrell, a Killeen criminal defense attorney.

San Antonio Express News link

The hearing date, to hear the motion to recuse Judge Perkins, is set for Nov. 1st in Austin, Tx.

Originally posted to CD in TX on Thu Oct 27, 2005 at 11:43 PM PDT.

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Comment Preferences

  •  Really liked your diary! (none)
    Interesting read.  It's nice to get a local perspective on issues of national importance like this.  It's a shame that there are so few principled people in politics.  It's nice to hear that there are some in judgeships (though there are enough hacks there as well).
    •  Thanks (none)
      When DeLay hired DeGuerin, I had a bad feeling.  When he represented the Branch Davidians in Waco, he was on TV every day.  It's going to be a race to see who has more TV time, DeLay or DeGuerin. When he filed the motion to recuse the Dem judge so they would get a Repub judge, I had a sinking feeling.  Knowing that Bud Duncan will be hearing the motion, makes me feel better.

      In a way, I hope whoever hears the trial will issue a gag order.  I don't think I can face having to listen to DeGuerin every day while the trial drags on. I don't see how they will ever seat a jury, unless they take the trial out of state.  Everyone knows who Tom DeLay is and they all have an opinion of him.

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