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Sides give arguments in Blagojevich lawsuit

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SPRINGFIELD - Attorneys traded arguments Tuesday in Gov. Rod Blagojevich's ongoing lawsuit over his power to tell lawmakers what time they have to show up for work.

Sangamon County Circuit Court Judge Leo Zappa didn't make a decision Tuesday.

Last summer, as state budget talks stalled, Blagojevich called the state House and Senate to work. Often on weekends and throughout the summer, lawmakers would come in earlier or later than when Blagojevich asked, and many wouldn't show.

Blagojevich sued House Speaker Michael Madigan over the issue, saying the state constitution gives the governor power to call lawmakers to work in emergencies.

The governor's lawyer, William Quinlan, on Tuesday argued Zappa should define Blagojevich's power to set a specific date and time for lawmakers to work.

Madigan lawyer Dave Ellis said changing plans to deal with real-life scheduling issues shouldn't be unconstitutional.

"We are not going to abuse this discretion," Ellis said. "We never have."

The ongoing scheduling spat arose last year as lawmakers and Blagojevich missed their budget deadline by several months and many negotiations ended in name-calling.

Attorneys on both sides are supposed to file more paperwork by Friday, and Zappa said he plans to make a decision shortly thereafter.

Quinlan said even if Zappa rules for Blagojevich, court supervision to ensure compliance won't be necessary.

"I don't think there's a need for the court to step in and enforce," he said.

Lawmakers have until May 31 to meet the state budget deadline before more votes are needed to approve it. If the deadline is missed, lawmakers could find themselves revisiting the issue this summer.

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