Appeals court polarized in DeLay-related ruling.

AUSTIN — The polarized state appeals court has ruled that Republican Justice Alan Waldrop did not have to excuse himself from a case against two associates of former U.S. House Majority Leader Tom DeLay.

The ruling from the 3rd Court of Appeals does not immediately affect the money-laundering charges against DeLay and his associates, John Colyandro and Jim Ellis.

DeLay and his associates, John Colyandro of Austin and Jim Ellis of Washington, have been accused of laundering corporate money into political donations to Republican candidates in 2002. Use of corporate money is generally banned from state campaigns.

Before any trial, Ellis and Colyandro challenged the constitutionality of the law.

Last September, Travis County District Attorney Ronnie Earle asked the court to remove Waldrop because Earle claimed Waldrop betrayed his bias four years ago, before he became a judge. Earle alleged that bias was betrayed when Waldrop called a similar money-laundering allegation in a related civil lawsuit "politically motivated" and an attempt to "harass political opponents." At the time, Waldrop was representing a client who was a political ally of DeLay.

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