The appeal has been stalled by difficulty finding a panel, the Austin American-Statesman reported. Three Republican justices on the 3rd Court of Appeal recused themselves while Delay's attorney successfully had a Democrat who allegedly made "anti-Republican" remarks at a political convention removed from the case.
The panel includes two Republicans and one Democrat.
DeLay, R-Texas, who served as majority leader between 2003 and 2005, was sentenced to three years in prison for laundering illegal corporate campaign contributions. One co-defendant pleaded guilty while another is expected to go on trial next year.