Madigan launches legal attack to oust Blagojevich
Saying the state is "paralyzed" by Gov. Blagojevich's inability to govern, Attorney General Lisa Madigan called on the Illinois Supreme Court on Friday to strip the scandal-plagued executive of his powers.
(John H. White/Sun-Times)
In an unprecedented move, Madigan asked the high court to remove Blagojevich from office due to "disability," and to appoint Lt. Gov. Pat Quinn in his place.
At the very least, Madigan asked the court to find Blagojevich unable to carry out the duties related to the criminal charges against him, including appointing a senator to fill Barack Obama's seat and the disbursement of state funds.
Madigan said declaring Blagojevich unable to serve would allow the state to function while the legislature moves forward on impeachment, a process that could take several weeks.
"I recognize this is an extraordinary request, but these are extraordinary circumstances," Madigan said.
Madigan said that in light of the criminal charges against Blagojevich, "He can no longer fulfill his duties with any legitimacy." She argued in court papers that the term "disability" under Illinois law should not be read to simply mean physical or mental incapacity.
Madigan is being advised by Abner Mikva, White House counsel under President Bill Clinton and a confidant of President-elect Barack Obama. Mikva said Friday he thinks the appeal to the Supreme Court is the "least invasive way" to solve the problem. "It does not try to take over the legislative function," Mikva said. "It invites the Legislature to proceed as rapidly as they can."
Illinois Comptroller Daniel Hynes said he supported Madigan's move, and he noted that the state has $4.5 billion in unpaid debts and has been unable to proceed with borrowing $1.4 billion because of uncertainty over the governor's office.
"This is a severe setback and hardship caused by once again the governor's unwillingness to face reality and do the right thing," said Hynes, referring to Blagojevich's refusal to resign.
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," said.
Illinois Supreme Court spokesman Joseph Tybor said the court doesn't have a timeline on Madigan's requests. He said they will be "properly considered."
The governor's office had no immediate comment.
Contributing: Dave McKinney