* We’ve been hearing about this little-known rule which could be used to oust Gov. Blagojevich…
If Blagojevich does not resign or is not impeached, Attorney General Lisa Madigan says she’s prepared to move ahead under state Supreme Court Rule 382 — which allows someone to file a request for the Supreme Court to conduct a hearing to determine if the governor has the ability to serve or resume office.
* Here’s the rule…
Rule 382. Original Actions in the Supreme Court Pursuant to Article IV, Section 3, and Article V, Section 6(d), of the Constitution
(a) Institution of proceedings. Proceedings in the Supreme Court when the court has original and exclusive jurisdiction under article IV, section 3, and article V, section 6(d), of the Constitution, which relate to redistricting of the General Assembly and to the ability of the Governor to serve or resume office, shall be instituted by filing a motion for leave to file a complaint, which motion shall be accompanied by the complaint and a brief in support of the motion. The complaint may be supported by affidavits or other pertinent documents.
* This is the relevant passage from the Illinois Constitution…
The General Assembly by law shall specify by whom and by what procedures the ability of the Governor to serve or to resume office may be questioned and determined. The Supreme Court shall have original and exclusive jurisdiction to review such a law and any such determination and, in the absence of such a law, shall make the determination under such rules as it may adopt.
* Procedures…
…The court may dispose of the case on the papers filed or may order further briefing or may order oral argument on the motion for leave to file or on the complaint or on the pleadings or on the pleadings supplemented by pertinent documentary evidence, or may call for additional evidence and for briefs and argument after such evidence has been received. If the court determines that disputed issues of material fact must be resolved on the basis of oral testimony, it may appoint a judge or retired judge of any Illinois court to take testimony and to report his findings of fact and recommendations to the Supreme Court.
* From “Committee comments” of July 1, 1971…
The defendant need take no action until the Supreme Court indicates what is appropriate. If the court deems the complaint obviously insufficient on its face, it may dispose of the case without calling the defendant to do anything. It may request the defendant to file either an answer to the complaint or a brief, in part depending on whether factual issues are presented. Because of the constitutional prohibition against “fee officers in the judicial system” (art. VI, §14), the evidence must be taken by an active or retired judge, who will be already receiving a State salary, rather than by a master.
* So, is the governor fit for office? Mark Brown is not alone with this assessment…
Rod Blagojevich’s defense lawyers might want to consider an insanity defense.
The federal government’s secret tape recordings of the governor’s scheming during the past two months confirm what a lot of people have been saying about him for a long time now.
He’s utterly mad. Completely and totally off his rocker.
And here’s where it might actually work as a legal defense: He’s incapable of distinguishing between right and wrong.
* Jim Edgar seems to agree…
“It just amazes me that he would continue to try to do these things. You just wonder, I mean, you heard some talking about the arrogance, or if there’s just something wrong with him.”
* More background…
The state Constitution doesn’t explicitly indicate an officeholder can be ousted by the court or by impeachment if that person faces criminal charges. Instead, the Constitution uses terms such as “failure to qualify” or “disability” in laying out causes to impeach someone.
In other words, the Court could decide if he fails to qualify to hold office or is disabled.
But, to me, that’s the chicken way out. The General Assembly ought to do its job. More on that in a bit.