Without a motion for recusal, the decision is largely up to Pemberton, who, in addition to working for Perry, donated to the former governor's 2002 re-election campaign and clerked for Tom Phillips, the retired chief justice of the Texas Supreme Court who is now on Perry's defense team.
There has been a call for recusal from Texans for Public Justice, the liberal Austin-based watchdog group behind the complaint that yielded the indictment. Like others closely watching the case, the organization says Pemberton's connections to Perry are excessive, even in a state that has partisan judicial elections and where many jurists share ties to the longest-serving governor.
I believe if this judge doesn't recuse himself, there will always be questions about his impartiality. Hope he does the right thing.