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Pantagraph EditorialWednesday, August 29, 2007 12:19 AM CDT
Judges should wash their hands of political dispute
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Springfield isn't just the capital of Illinois; it apparently is the capital of irony. There's no other way to explain Gov. Rod Blagojevich filing suit against House Speaker Michael Madigan accusing him of taking actions "aimed at eradicating the governor's constitutional and statutory powers."

This is the same governor who is attempting to eradicate the constitutional powers of the Legislature to override his amendatory veto by colluding with Senate President Emil Jones not to bring his budget veto up for a vote.

There is a principle in the legal system called the "clean hands doctrine."

Under that principle, people cannot expect a court to come to their rescue in a legal dispute if they also have been involved in improper or unethical conduct in the matter.

In other words, they must have clean hands.

When it comes to this budget fiasco and the special sessions, Gov. Blagojevich's hands are filthy.

The way he has exercised his power to call a special session has been more punitive than productive.

Blagojevich is quibbling over a session that started at 10:15 a.m. instead of the 2 p.m. start he wanted.

He is whining about excused absences in the House leading to a lack of a quorum to conduct business even though there was no legislation on which to act.

He is complaining about lawmakers not being in Springfield to work even though he is the biggest truant of all.

Blagojevich argued in the lawsuit that unless the Legislature convenes at the exact time he demands in a call for a special session, "in theory," the speaker could "wait 10 years" to heed the governor's call.

Let's not be ludicrous.

Although, considering recent events, it is risky to say anything is impossible in Springfield, the so-called 10-year wait strains plausibility.

It's tempting to tell the governor, "Be careful what you wish for, you just might get it." If the court rules in this lawsuit, the ruling could be against the governor.

But this is more of a political dispute than a legal dispute. The judicial branch should wash its hands of the matter and, like a parent to a couple of unruly children, tell Blagojevich and Madigan to settle the fight themselves.

Illinois already has two branches of government feuding with each other. It doesn't need a third.

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Reader comments on this story - 6 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Pacman wrote on Aug 30, 2007 1:32 PM:

" Be afraid, be very afraid. This is the same set of “individuals” who will be revisiting the Illinois Constitution next year. The use of the words “quibbling and “ludicrous” are accurate, if not an understatement. These folks have shown us that they are not capable of making a year to year decision, let alone one that will be with all of us for the following ten years. We are all in for a troubling period. "

To Jeff Fritzen wrote on Aug 30, 2007 8:03 AM:

" With the wisdom and insight you display sir if you run in the primary you have my vote. Great post and it is time to clean house of both parties and let someone else give it a shot. It could only inprove from what we are dealing with now. "

Nothing Clean In Chicago Politics wrote on Aug 30, 2007 8:00 AM:

" This is what the people of downstate Illinois have to grasp. There has never been a more blatant case of Chicago running the state of Illinois as we have now. The hatred for Ryan and everything Republican has come back to bite the hand of Illinois voters. We now have a tyrannical governor from Chicago, who is in cahoots with the Senate leader from Chicago, and they are inronically trying to file suit against another leader from Chicago. This is funnier than a skit from Saturday Night Live. The only way to eliminate this corruption is for the citizens of Illinois to indulge in a constant barrage of calls, e-mails and letters to their local representatives and move to impeach this rogue governor. This is the only way the people of Illinois can take back the state before Rod completely destroys and bankrupts us. He has not future plans for political office so he is going to do all he can to line his pockets and set himself up for retirement. People should have gotten a clue as to the extent of this guys corruption by his antics with the toll authority vendors. "

Eugene Brown Jr. wrote on Aug 29, 2007 10:44 AM:

" I agree with your editorial, not in favor of any party to the suit, but in general, that the Governor is wasting state resources and is crying petty foul like a little kid. I believe that the court should dismiss the lawsuit as it has no legal basis for a court to intervene. In addition, from reading the lawsuit, the Governor is trumped with General Counsels, and legal counsels. There is no need for the Governor to have such a heavy legal team and is further a waste of our tax paying dollars. Bottomline, in my opinion, the Governor and his Executive Staff needs to grow up and handle their disputes like the Executive Chief Officer of the state and not like an low-level employee who is dissatisfied and files suit because of their dissatisfaction and not because of any true legal dispute. Last but not least, I believe that the Governor's Executive Staff are more involved in these transactions that the Governor may have an interest and they are the ones calling the shots in the Office of the Governor and our "testicular verility" possessing Governor simply follows their suit. "

Steve Brown wrote on Aug 29, 2007 10:14 AM:

" Good to see you have seen through the Governor's silly statements. The legislature has convened each time the Governor has called a special session. There is on instance the House convened before the designated time. This is akin to the fire dept. responding facster to your alarm. No harm, no foul. Remember the Governor has failed to propose any new legislation or amendment to existing bills to address his special session topics. The failure means the legislature has nothing before them in the special session. Therefore there is no reason to be there and waste money. Let's us hope the court heeds and advice and Governor does not spending $1 million on outside lawyers to press this a complaint. "

jeff fritzen wrote on Aug 29, 2007 8:31 AM:

" Springfield is the home of the longest running circus in history. What was a two-ring event with Republicans and Democrats has turned into a three-ring extravaganza with Dems I and II. At a time when we desperately need statesmanship, leadership, compromise, cautious fiscal policy, eliminating the largesse of government, et. al., we get an absentee governor who doesn't have enough political weight to throw it around and a legislature that is stymied by its pursuit of position and power. Public service? Hah. It's past time to clear out the leadership of all parties and factions and let someone else give it a go. The current gang has proved it's incapable of handling the job. "

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