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Illinois high court rejects AG bid to remove Blagojevich

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Illinois Supreme Court Wednesday rejected a bid by Illinois Attorney General Lisa Madigan to have Governor Rod Blagojevich temporarily removed from office in the wake of corruption charges laid against him last week in connection with his naming of a replacement to fill President-elect Barack Obama's now-vacant Senate seat. The order rejecting Madigan's motion to file a complaint with the court was made without comment. In a statement afterwards, Madigan said:Because of Governor Blagojevich's refusal to resign, the State of Illinois is in an unsustainable situation. The serious criminal charges against Governor Blagojevich strike directly at the heart of his decision-making process and seriously impede his ability to legitimately exercise the powers of his office. Thus, while the U.S. Attorney's Office and the impeachment process move forward, the State is left with a Governor who cannot make effective decisions on critical and time-sensitive issues. The Illinois Constitution expressly gives the Supreme Court the authority to determine whether the Governor has the ability to serve. Given this constitutional provision, on behalf of the People of the State of Illinois, I sought relief in the Illinois Supreme Court to temporarily remove Governor Blagojevich so that the State could continue to function while the U.S. Attorney and the General Assembly proceed. The Constitution does not require the Illinois Supreme Court to act.I am hopeful that the General Assembly will act with deliberate speed. It is imperative that we begin to restore the People's confidence in their government.A committee of the Illinois House of Representatives began its impeachment investigation of Blagojevich Tuesday, gathering evidence and testimony related to the charges. Hearings are expected to continue for several weeks. On Wednesday, lawyers for Blagojevich urged that Madigan be removed from her role as Blagojevich's official counsel in the committee proceeding given her high court filing to have him ousted from office. If the committee recommends that Blagojevich be impeached, the recommendation will go to a vote before the entire House. If the House votes to impeach, the proceedings will go before the Senate, which will act as a jury with the Chief Justice of the Illinois Supreme Court presiding. This is Illinois's first impeachment inquiry involving a governor.

Full post as published by JURIST - The Paper Chase on December 17, 2008 (boomark / email).