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Legal News

: Lawbeat

Chicago dailies barely glance at law angle

By Mark Obbie

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Until Illinois Gov. Rod Blagojevich announces whether he's resigning, the central question in the state's political crisis is fundamentally a legal one: Can Blagojevich's opponents remove him through impeachment or through a novel action filed with the state Supreme Court by Illinois Attorney General Lisa Madigan? So how have Chicago's dailies done in covering those questions? Pathetically, at least so far. The Tribune's most direct run at the story is in this one yesterday. The triple byline -- Ray Long, Monique Garcia, and James Janega -- identifies the story as the grab bag that it is. Amid a confusing mix of other themes -- notably the jockeying over naming a Senate successor to President-elect Obama -- the story barely touches on what it lamely calls the "state legalese" at stake:

Madigan's filing suggests Blajojevich might be removed under a clause stating governors are replaced if "unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability"—the "other disability" here being that lawyers and political foes would challenge in court any action he takes.But there are no clear standards for how justices would determine a governor's fitness to serve, said John Marshall Law School professor Ann Lousin. A bill to set them out was abandoned in the 1970s. "Nobody thought it was that important," she said.Legal experts doubt the court will wade far into a deep political morass given those flimsy legal handrails to grasp.

That, essentially, is all that the state's leading newspaper says about a groundbreaking and fascinating clash between the impeachment powers of the legislature and untested constitutional and court powers concerning the survival of the state's chief executive.The Sun-Times barely tops that. Mary Wisniewski more clearly and plainly explains Madigan's strategy to prompt the court to act immediately under doubtful authority while the legislature's impeachment machinery grinds on. She also reveals that a member of Madigan's legal brain trust is Chicago legal lion (and Obama advisor) Abner Mikva, whom she quotes on the strategy choices. But Wisniewski's brief story devotes only two grafs, and one named source, to the substantive question of the day:

Some legal experts have expressed skepticism about Madigan's move. Mark Rosen, professor at Chicago-Kent College of Law, said it's questionable whether the court should act as an alternative to the Legislature on the question of removing a popularly elected governor."Given the awesomeness of what impeachment is and given all the members of the legislative branch that have to play some role, it would be surprising if there were such a streamlined alternative," [Rosen] said.

Blagojevich may short-circuit this angle of the story as soon as tomorrow. If he doesn't -- or even if he does -- perhaps the Trib and Sun-Times will put a little more energy into pondering the laws of Illinois governance.

Full post as published by Lawbeat on December 14, 2008 (boomark / email).