HomeNews

Attorney general asks high court to declare Blagojevich unfit

Font Size:
Default font size
Larger font size

buy this photo Illinois Attorney General Lisa Madigan discusses removing Gov. Rod Blagojevich from office Thursday in Chicago. Madigan WENT to the state Supreme Court on Friday to have Blagojevich declared unfit to hold office. (AP Photo/M. Spencer Green)

SPRINGFIELD - The daughter of Gov. Rod Blagojevich's chief legislative nemesis asked the state's high court Friday to strip the governor of his powers. | Read Madigan's brief (PDF) | Fundraiser emerges as key event | SLIDESHOW: Blagojevich in the Twin Cities

Relying on an obscure court rule, Illinois Attorney General Lisa Madigan called on the high court to determine if Blagojevich is capable of carrying out his duties in the wake of a federal criminal complaint that accuses the Chicago Democrat of corruption.

"I recognize that this is an extraordinary request, but these are extraordinary circumstances," said Madigan, who is the daughter of House Speaker Michael Madigan, D-Chicago.

The use of the obscure court rule to attack a sitting governor came just days before Illinois lawmakers are scheduled to return to Springfield to discuss launching what could be a lengthy impeachment process against the embattled governor.

Blagojevich was at his state office on Friday, three days after his arrest and appearance in a federal courtroom. As if answering Madigan's attack, he signed Senate Bill 934, which provides insurance coverage to the parents of children with autism.

He signed the legislation without the assistance of his chief of staff, John Harris, who resigned earlier in the day. Harris also is charged in the corruption scheme is the second top aide to quit the administration since U.S. Attorney Patrick Fitzgerald filed his criminal complaint.

Blagojevich's press office didn't immediately return calls seeking comment.

Business not getting done

Despite the governor's bill signing action, Madigan said she believes state business is not getting done after Blagojevich was charged with attempting to enrich himself by selling President-elect Barack Obama's open Senate seat.

"State government is paralyzed by a governor who is incapable of governing," Madigan said.

As an example, she pointed to an attempt by the state to borrow $1.4 billion. The borrowing plan, meant to help pay state vendors who haven't received money from the state for months, has been delayed because of concerns about the political instability in the state.

"Without immediate action, the citizens of the State of Illinois face a prolonged period of illegitimate leadership from a governor who no longer has the trust and confidence of the state's citizens and its public officials," court papers say.

If she is successful, Lt. Gov. Pat Quinn would take over as chief executive. He could quickly move to appoint a replacement for Obama.

Lawmakers, meanwhile, could continue attempting to impeach Blagojevich. That process, however, could take months.

It's not clear how long it will take the court to decide what to do regarding Madigan's request.

The legal action is based on Supreme Court Rule 382, which allows the state's justice's to rule on "the ability of the governor to serve."

Analysts say Madigan is in uncharted legal waters.

"The attorney general is moving into untested ground with this motion. It will be extremely interesting to see how the Supreme Court reacts," said Robert Rich, director of the Institute of Government and Public Affairs at the University of Illinois.

The attorney general's move also has potentially major political implications. Although hobbled by low poll numbers and the federal accusations, Blagojevich has said he would run for re-election in 2010.

Madigan, a two-term attorney general and former state senator, also has said she is considering a gubernatorial bid.

She said politics and future elections were "not on my radar" in deciding to move forward with the action.

Print Email

Sponsored Links

 
Sponsored by: