Earle brought the conspiracy indictment because he could not charge DeLay with violating the election code; under state laws, such charges must originate in the accused's home county.

Tim Evans, one of Fort Worth's top defense attorneys, said that even if the Fort Bend County district attorney had been interested in bringing such a charge against DeLay, winning a conviction in that Republican stronghold would have been problematic. "I don't think it takes a political scientist to know that while Republicans rule most counties in Texas, they don't rule Travis County," Evans said.

Note and fair warning: the remainder of this post may make your eyes glaze over if you're not a lawyer.

Since I don't practice in state courts in Texas, here's a question I'd like to know the answer to: If a change of venue is granted, who decides where the case is moved to and how is it determined which judge will preside in the new county? Any Texas lawyers reading who want to clue me in?

Here's what I come up with on Lexis.com.

Tex. Code Crim. Proc. art. 31.03 (2005)

(a) A change of venue may be granted in any felony or misdemeanor case punishable by confinement on the written motion of the defendant, supported by his own affidavit and the affidavit of at least two credible persons, residents of the county where the prosecution is instituted, for either of the following causes, the truth and sufficiency of which the court shall determine:

1. That there exists in the county where the prosecution is commenced so great a prejudice against him that he cannot obtain a fair and impartial trial; and

2. That there is a dangerous combination against him instigated by influential persons, by reason of which he cannot expect a fair trial.

An order changing venue to a county beyond an adjoining district shall be grounds for reversal, if upon timely contest by defendant, the record of the contest affirmatively shows that any county in his own and the adjoining district is not subject to the same conditions which required the transfer.

(b) For the convenience of parties and witnesses, and in the interest of justice, the court upon motion of the defendant and with the consent of the attorney for the state may transfer the proceeding as to him to another district.

© The court upon motion of the defendant and with the consent of the attorney for the state may transfer the proceedings to another district in those cases wherein the defendant stipulates that a plea of guilty will be entered.

It seems the Judge gets to select the new place of trial unless the defendant objects:

Art. 31.01. [560] [626] [613] On court's own motion

Whenever in any case of felony or misdemeanor punishable by confinement, the judge presiding shall be satisfied that a trial, alike fair and impartial to the accused and to the State, cannot, from any cause, be had in the county in which the case is pending, he may, upon his own motion, after due notice to accused and the State, and after hearing evidence thereon, order a change of venue to any county in the judicial district in which such county is located or in an adjoining district, stating in his order the grounds for such change of venue. The judge, upon his own motion, after ten days notice to the parties or their counsel, may order a change of venue to any county beyond an adjoining district; provided, however, an order changing venue to a county beyond an adjoining district shall be grounds for reversal if, upon timely contest by the defendant, the record of the contest affirmatively shows that any county in his own and the adjoining district is not subject to the same conditions which required the transfer.

Travis County is in the 147th Judicial District, according to the Indictment. The Judge in that District is Wilford Flowers of Austin. There are many other Judges in Austin, but they appear to be in other judicial districts (scroll to p. 242.)

So, I guess DeLay has to consider: juror demographics, which would include political affiliation, and if Texas judges are elected and identified by party affiliation when they run, the politics of the Judges. That, I assume, will be jury consultant Bob Hirschorn's job, since Bob worked for Dick doing the Kay Baily Hutchison trial and Dick has spoken glowingly of him since (Hirschorn also picked the Terry Nichols jury in Denver for Mike Tigar, which acquitted Nichols of first degree murder charges which in turn spared him the federal death penalty.) These factors have to be weighed against the desire for a speedy trial, since a trial would be set sooner in Austin than outside Travis County, if months were spent arguing over whether the trial should be moved.

Again, Lexis is useful, but it's no substitute for a lawyer who actually practices in Texas, so if any are reading, please either leave a comment or send me an e-mail with your thoughts.