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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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