Normally, I would dismiss press releases like this one. But if a governor proudly violates a federal law, even if he disagrees with it, then this is not a totally unreasonable hit.
The Illinois Policy Institute today asked the State Supreme Court committee responsible for lawyer ethics to investigate whether Gov. Rod Blagojevich should lose his license to practice law.
The group charged that Gov. Blagojevich’s appeal to Illinois citizens to purchase prescription drugs under the I-SaveRx Program violates the Federal Food, Drug and Cosmetic Act, which prohibits the re-importation of prescription drugs.
In 2003, Gov. Blagojevich founded the I-SaveRx program. Before the program’s launch experts across the country doubted the program’s legality. Last week, Illinois’ independent auditor general concluded that the program was, in fact, in violation of federal law. While Gov. Blagojevich acknowledged the legitimacy of the auditor general’s report, he has since announced that he was expanding the program.
“Gov. Blagojevich’s actions in the face of the auditor general’s report show a real contempt for the rule of law,” stated Illinois Policy Institute Executive Director Greg Blankenship. “I call on the Attorney Registration and Disciplinary Commission to thoroughly investigate the governor’s attempt to enlist the general public in defying federal law by illegally importing prescription drugs through I-SaveRx. The commission needs to demonstrate that even Illinois’ top law-enforcement officer has to obey the law-and that lawyers who don’t should no longer be allowed to practice law.”
Also, remember that Blagojevich has been insistently carping about Judy Baar Topinka’s alleged violation of state election laws by not disclosing the occupations of all of her campaign contributors (even though a few of his own aren’t disclosed).
So, one good turn deserves another.
*** UPDATE *** It turns out that Gov. Blagojevich is not currently licensed to practice law in Illinois. Go to the ARDC web page and search for Blagojevich. No listing. Strange. [Hat tip to a commenter.]
*** UPDATE *** From Greg Blankenship:
The complaint filed by the Illinois Policy Institute asking the ARDC to investigate the Hon. Rod Blagojevich’s “Character and Fitness†is not necessarily contingent on his currently being a registered and practicing attorney. First, according to practicing attorneys the Institute has been working with, “Voluntarily inactive and not authorized to practice law,†does not mean the Governor isn’t bound by the ethical requirements of the ARDC.
Second, Rule 4.2 states, “A law student registrant or applicant may be recommended for certification to the Board if the Committee determines that his or her record of conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them. A record manifesting a deficiency in the honesty, trustworthiness, diligence, or reliability of a law student registrant or applicant may constitute a basis for denial of admission…†(emphasis added).
This means Governor Blagojevich could still face this complaint if he seeks certification to practice law in the future.
- Wumpus - Tuesday, Sep 26, 06 @ 8:46 am:
Why has Umholtz been so silent. With every investigation that Madigan passes on, he should issue press releases and have press conferences all day long. Have them talking about her absenteeism on the gov, cook county FBI raids, city of Chicago, Jesse White, and anywhere there is scandal that Madigan is MIA.
- Madame Defarge - Tuesday, Sep 26, 06 @ 8:49 am:
TARDC Lawyer Search Results from the ARDC database last updated as of September 25, 2006 at 12:50:19 PM: for the following terms: Last Name: blagojevich, status: All, Country: all Name Date Admitted City State Authorized to Practice?
Rod R. Blagojevich May 10, 1984 N/A N/A No
he Governor is Not licensed to practise law NOW.
- Greg - Tuesday, Sep 26, 06 @ 8:56 am:
Madame Defarge, we checked on that but weren’t sure because as we understood it the Governor had worked in the state’s attorney’s office at one time.
Then there is this from his own bio: “Prior to his election, Gov. Blagojevich was a Cook County Assistant State’s Attorney. During his tenure, he prosecuted domestic abuse cases and felony weapons charges, which made him a strong advocate for tougher sentencing laws when he was elected to the General Assembly in 1992.”
- Madame Defarge - Tuesday, Sep 26, 06 @ 8:57 am:
Full Licensed Name: Rod R. Blagojevich
Full Former name(s): None
Date of Admission as Lawyer
by Illinois Supreme Court: May 10, 1984
Registered Business Address: Not available online
Registered Business Phone: Not available online
Illinois Registration Status: Voluntarily inactive and not authorized to practice law
Malpractice Insurance:
(Current as of date of registration;
consult attorney for further information) In annual registration, attorney reported that he/she does not have malpractice coverage. (Some attorneys, such as judges, government lawyers, and in-house corporate lawyers, may not carry coverage due to the nature of their practice setting.)
- Bill - Tuesday, Sep 26, 06 @ 9:01 am:
I guess that that makes the whole press release moot. Sorry, Greg.
I have even more respect for the Governor now that he is not a lawyer anymore.
- Cassandra - Tuesday, Sep 26, 06 @ 9:10 am:
If your law license is currently in some kind of limbo, what would be required to activate it?
Perhaps the license could still be pulled even if it is currently inactive. Presumably, reactivating it is not the same as starting over.
Entertainment for somebody, but this isn’t going anywhere. Americans as a group think they should be able to buy things wherever they want to. The feds recently relaxed some rules with respect to importing foreign drugs suggesting that federal resolve is weakening on this issue. Blago is not taking any risk here and his opponents are helping him appeal to the voters as the governor who is trying to help the Little Guy, especially the Little Old Guy, against the forces of Big Indifferent Government. I’m sure there is an upsurge in the pro-Blago senior vote everytime this issue headlines.
- Leroy - Tuesday, Sep 26, 06 @ 9:14 am:
So if a law is passed that is unconstitutional, we should disbar everyone in the legislature?
Should we disbar everyone in the executive branch because of I-SaveRx?
C’mon people…get a grip. Your hatred of the guv is turning into BLIND RAGE. I don’t like him either…but be objective here.
Do you really want to set the precedent of disbarring lawmakers because of their political actions?
If the governor is really getting away with an illegal program, then that means the checks and balances are out of whack in Illinois. It means the legislature, the attorney general, the opposition party (not to mention all of the governor’s election year enemies), the press, the inspector general , the Feds are all sleeping. Fix those.
That’s a lot of people to be napping…perhaps the program really isn’t illegal? Perhaps it is only gray, and no one wants to take on the fight to find out for fear of being accused of forcing seniors to choose between medicine and food.
Can’t say I blame them. It’s politics.
- Sam - Tuesday, Sep 26, 06 @ 9:16 am:
By voluntarily giving up his law license, Blogojevich is able to avoid the jurisdiction of the ARDC (Attorney Registration and Disciplinary Comm.) The ARDC can’t investigate any complaints filed against Blago unless he choses to reinstate his law license later. Of course, I’m sure that wasn’t a factor in his decision!!!
- Greg - Tuesday, Sep 26, 06 @ 9:25 am:
We don’t do anything out of hate. And I agree Bill’s comment.
I ACTED on the belief that once you were admitted to the Bar, you were admitted to the Bar. I believe one attorney told me as much. But as I understand things from what I’m reading, you must be registered and practicing to be subject of the discinplinary commission. If I can confirm that I will obviously take remedial steps. ANY AND ALL MISTAKES ARE MINE AND MINE ALONE. And If I wated anyone’s time, I apologize. But, again, I don’t want to jump the gun.
- a friend - Tuesday, Sep 26, 06 @ 9:41 am:
I can’t believe this stunt is being given the time of day. this is a gop/conservative group desperately trying to promote themselves. whether you like blago or not, this is a joke and should be treated as such. and, this group apparently didn’t even do their homework — and they call themselves a research/policy think tank?
- Anon Sequitor - Tuesday, Sep 26, 06 @ 9:55 am:
Don’t you just love it when an inconvenient truth totally eviscerates somebody’s foolish rant. Greg, you’ll need to do more than just “apologize.”
- DOWNSTATE - Tuesday, Sep 26, 06 @ 10:03 am:
Not only can they not investigate him he doesn’t have to pay that big fee increase he signed into law.
- Greg - Tuesday, Sep 26, 06 @ 10:13 am:
Anon Sequitor,
No, I don’t think I’ll have to do anything yet which includes apologizing. I am correct about an attorney urging others to break the law. I am correct about a chief law enforcement officer urging others to commit a crime. The Chicago Tribune said as much today when they said the Governor just can’t pick and choose what laws he wants to follow. What I may have done wrong is make a mistake in terms of jurisdiction but my charges are correct.
- Dan Vock - Tuesday, Sep 26, 06 @ 10:32 am:
Rod hasn’t been an “active” attorney for at least as long as he’s been governor, and I wouldn’t be surprised if it were longer.
It’s uncommon for people who don’t have an active practice to be on the inactive rolls. It means you pay slightly less in registration fees, and, of course, you’d have to reactivate your registration if you actually wanted to handle legal work.
Notice other prominent pols on the inactive list: Barack Obama, Dick Durbin, Mark Kirk, etc.
Being inactive is a far, far cry from losing your license, such as through disbarment.
- Dan Vock - Tuesday, Sep 26, 06 @ 10:33 am:
grrr… should’ve said it’s NOT uncommon for people without active practices to take inactive status…
- NotABlagoFan - Tuesday, Sep 26, 06 @ 10:37 am:
It only makes sense that his license would be on inactive status — he’s not representing anyone right now (get it??)
- NW burbs - Tuesday, Sep 26, 06 @ 10:42 am:
It’s not strange that Blago has let his license lapse — he’s not a practising atty.
And the harping on Topinka about violating state election law is a classic Rovian distraction tactic. Bush and conservatives constantly harp that the Clinton Administration didn’t capture or kill bin Laden when (A) the Bush Administration is doing less than the Clinton Administration did as measured by active programs and funding levels and (B) the conservatives kept railing against everything Clinton did do while he was doing it. (Logic would say you can’t have it both ways, yet the DC Press Corps somehow lets the neo-cons have it both ways, don’t they?)
It’s an attempt to muddy the political waters and Rove (and Atwater and many, many before them) have proved it works well.
- paddyrollingstone - Tuesday, Sep 26, 06 @ 10:43 am:
This type of activity should be condemned by Dems and GOPers alike. Its the same penny-ante bs that was a drag on President Clinton. If you disagree with the Governor, or President, or Mayor or whatever, go after him politically with all that you have. But this nonsense should stop - Leave it in the arena. Don’t use the courts to do your dirty work.
- VanillaMan - Tuesday, Sep 26, 06 @ 10:51 am:
Its just politics. No one in their right mind would want Blagojevich as their lawyer. As a model for Hair Club For Men, maybe, but not as a lawyer.
- One Man Can Make A Difference - Tuesday, Sep 26, 06 @ 11:09 am:
I happened to notice that U.S Attorney Patrick Fitzgerald is not licensed to practice law in the State of Illinois. Are government prosecutors exempt for registering to practice law in the state that they govern?
However, I agree with the Illinois Policy Institute that something needs to be done to stop the Governor from violating State and Federal laws. He violate ethics laws all the time including the ones he help write and later signed into law. Yet, it is not a requirement that the Governor first be a lawyer. Second, if he chose not to activate his law license in the State of Illinois, he has that option just as long as he doesn’t practice law or use his attorney status to obtain anything pertaining to practicing law in Illinois. The commenter that wrote about his practice of law as a States Attorney, THAT COULD DEFINITELY COME INTO QUESTION as the same with the U.S Attoney. However, if they are exempt from having to register then it’s a moot discussion.
What I believe that the Governor needs is an ETHICS VIOLATION from his Executive Inspector General and the Illinois Ethics Commission and he should be forced to disengage in violating laws. He should have to pay a fine for violating these laws and then maybe he won’t think that he can subvert the laws as he and his administration feels it is alright to do or simply legal for him to do as the Governor.
As Governors and other government officials expect that the citizens obey the laws of the land, they too must set the ethical standard of following the laws of the land.
Give him an ETHICS VIOLATION with a heft fine!
- Greg - Tuesday, Sep 26, 06 @ 11:10 am:
NW Burbs,
I hate it when you are right
You make a very good argument. I would add that 9/11 wasn’t any American’s fault. It was Al Quaeda’s fault. Lapses in intelligence and other aspects… maybe… but in retrospect is was mistake to hang Adm. Kimmel out to dry and it would be a mistake to do the same with Clinton.
As far as what goes in what arena…it is the Gov. urging people to break the law — which he admits.
- One Man Can Make A Difference - Tuesday, Sep 26, 06 @ 11:36 am:
I think if the IPI is making a big stink about the Governor’s ethical lapses and his license to practice law, their going to have a field day with upcoming news about another government official with insurmountable ethical lapses.
Stay tuned.
- legalobserver - Tuesday, Sep 26, 06 @ 11:55 am:
Rod may not have a license to lose, but if he ever needs to get it reinstated, this may come up again. And there’s always litigation that can be filed to stop I-SCAM, I mean I-SaveRx
- JEALOUS CAUSE THE SITE IS INFORMATIVE? - Tuesday, Sep 26, 06 @ 12:07 pm:
THIS IS FOR YOU FREDLY FRIENDLY-and you don’t seem to be so friendly just derogatory!
- John Galt - Tuesday, Sep 26, 06 @ 12:11 pm:
>And there’s always litigation that can be filed to stop I-SCAM, I mean I-SaveRx
Then why hasn’t anyone filed it yet? This program has to be over a year old. Why hasn’t the FDA shut it down? Why haven’t the drug companies financed litigation? They are evil profit mongers.
This whole episode is very puzzling to me.
- chinman - Tuesday, Sep 26, 06 @ 1:02 pm:
looks like the think tank needs to think things through.
- Keyser Soze - Tuesday, Sep 26, 06 @ 1:58 pm:
I wonder who took the bar exam for Blago.
- chinman - Tuesday, Sep 26, 06 @ 2:57 pm:
keyser soze!
i love that handle
- Little Egypt - Tuesday, Sep 26, 06 @ 3:05 pm:
Legalobserver, then why isn’t any lawyer or law firm going after Blogo for the Federal law he is breaking? I don’t get it. Politics be damned. We need someone who will do the work for us regular citizens that we cannot do. And I don’t understand why the Feds haven’t slapped a (for lack of proper terminology) stop order on the gov to make him stop pushing this prescription scam he is running. However, would any of you agree that Wal-Mart may have just taken the wind out of Elvis’ sails by coming out with a generic drug program where they will sell one month supply for $4. I pay $10 co-pay for a generic now and my insurance company pays the rest. Why would I now not go to Wal-Mart, get my drugs for $4 and my insurance pays nothing. Both me and my insurance company win in this thing. Only problem is Wal-Mart will definitely run a lot of the little pharmacies out of business with this program. But then again, that’s part of their plan. I believe the Wal-Mart plan would deal the Illinois prescription scam a crushing blow.
- Anon Sequitor - Tuesday, Sep 26, 06 @ 3:50 pm:
Greg,
What you have is a charge in search of a target. It’s like giving Cheney a shotgun and telling him to shoot a bird. He’ll never come close and the truth (like his hunting companions) was be the victim instead.
- Simple Solution - Tuesday, Sep 26, 06 @ 3:55 pm:
Let him keep his inactive license but hope for the sake of our state he loses his job in November.
Besides who’d ever have Blagojevich be their lawyer anyway? How could he handle a courtroom situation when he can’t even handle 10 minutes with reporters without wilting away.
- Bubs - Tuesday, Sep 26, 06 @ 4:14 pm:
Apologies to Chinman, but I can’t resist:
“How much thought did the think tank think when the think tank thought things through . . . not?”
- annon - Tuesday, Sep 26, 06 @ 4:33 pm:
Why on earth would you expect him to have a law license ?? He thumbs his nose at the Ill. General assy. & an agency of the federal government. “License….we don’t need no stinkin’ license” & further more who would hire him ????????
- Rex - Tuesday, Sep 26, 06 @ 6:47 pm:
One Man Can Make a Difference - if you know something juicy is coming up, please share it with us.
- Gregor Samsa - Tuesday, Sep 26, 06 @ 7:31 pm:
Blago: “I’m not a lawyer, but I play one on T.V.
Come to think of it,
I play a governor on T.V. too…
- Smitty Irving - Tuesday, Sep 26, 06 @ 7:45 pm:
This is so much political garbage. Where were these outraged souls when Esquire Cueto was running amok with unethical behaviour in the Metro East case of Venezia? (Such as manuvering an undercover agent of the Liquor Control Commission into the St Clair County Courthouse, where a judge forced the agent to divulge secrets.) Mr. Cueto went to jail for a felony, and then fought losing his license for a long time. The Govenor’s opponents were very silent in that matter - in fact, the whole legal community was. And if we are going after Blago, how about JRT and his actions in the Ryan trial and his failure to stop Conrad Black from looting the Sun-Times?
- Buck Flagojevich - Tuesday, Sep 26, 06 @ 8:50 pm:
Little Egypt,
You hit it on the head. With Wal-Mart, Target and K-Mart all beginning to offer $4 generic prescriptions, why is the Gov so hell bent on expanding his illegal and impractical program? I don’t get it. Except for the PR part.
- Casey Jones - Tuesday, Sep 26, 06 @ 9:31 pm:
“I have even more respect for the Governor now that he is not a lawyer anymore.” Well, Bill, I’ll sure give you credit for loyalty…of course from my perspective, I may be able to develop some respect for lawyers now that the Governor is not one anymore.