Stuck
Friday, Mar 2, 2007 - Posted by Rich Miller
I can’t believe I forgot to post this one…
Gov. Rod Blagojevich wants to fire Attorney General Lisa Madigan as his lawyer in a freedom of information case.
Blagojevich aides on Thursday asked a Sangamon County judge to let them hire their own attorneys to resist disclosing federal subpoenas they’ve received. They say Madigan’s office sided with the governor’s opponent.
Lawyers for the Better Government Association, which sued Blagojevich in January when the administration refused to disclose subpoenas in a hiring investigation, said the law is clear: The attorney general alone decides whether to defend state clients.
Last fall, Madigan’s public access counselor wrote a letter to Blagojevich saying the subpoenas are public record and should be released. So Madigan can’t defend the governor with the “zeal and integrity” necessary, Blagojevich general counsel William Quinlan wrote in a court document.
And…
“The Attorney General is effectively adverse to the Governor’s office in this matter and has an irreconcilable conflict of interest,” Blagojevich’s general counsel, William Quinlan, wrote in a recent court document.
A Madigan aide said she intends to oppose the motion and BGA lawyers expect it to fail. Attorney Howard Feldman pointed out that the Attorney General “solely and exclusively” decides whether to defend state clients in such cases.
The governor’s office almost surely won’t win this case. She’s the state’s chief legal counsel and the BGA wisely sued the governor’s office, not the governor himself. So, he’s stuck with Lisa as his lawyer.
- Shadoobie - Friday, Mar 2, 07 @ 2:12 pm:
Paging Mr. Ethics. Lisa was an attorney before she worked for the state, and she’ll be one after. If her published opinion conflicts with that of her client, she should withdraw from the case.
- He Makes Ryan look like a saint - Friday, Mar 2, 07 @ 2:18 pm:
“Those are the days of our Lives”
It would be nice to know how much the governors office has spent on outside attorneys.
- Rich Miller - Friday, Mar 2, 07 @ 2:25 pm:
Shadoobie, her “client” is the state of Illinois. Read the constitution.
- HoosierDaddy - Friday, Mar 2, 07 @ 2:25 pm:
I doubt the Governor will win his case in chief, but I also doubt he’s stuck with the AG as his lawyer. I think Shadoobie’s right about the inherent conflict. The guv is entitled to a different lawyer to finish losing his case.
- VanillaMan - Friday, Mar 2, 07 @ 2:34 pm:
Sorry, but the governor’s office’s excuse is hogwash.
If what they say is true then no lawyer would be able to most defendants. Are they saying that lawyers have to support crimes in order to defend a criminal? Nonsense.
Blagojevich is just grasping at straws - and losing.
- Shadoobie - Friday, Mar 2, 07 @ 2:41 pm:
Rich, she took an oath when they gave her a license to practice law. As such, she is obligated to uphold the canons of ethics, which, oddly, in some cases, can be above those of the client.
- Way Northsider - Friday, Mar 2, 07 @ 2:53 pm:
LM is doing the right thing and she should keep on doing it.
- A Citizen - Friday, Mar 2, 07 @ 2:58 pm:
LM appears to me to be above reproach. Blago on the other hand is in desparate need of being reproached! What in the world is he hiding and what is he so afraid of? The election is over.
- Cassandra - Friday, Mar 2, 07 @ 2:59 pm:
The 2010 primaries have started.
- Bubs - Friday, Mar 2, 07 @ 3:07 pm:
I’m sure Bill Quinlan is not enjoying this at all - what a spot to be in! But he’s a very smart man, which is needed in this mine field.
- Papa Legba - Friday, Mar 2, 07 @ 3:17 pm:
Bubs,
If Bill Quinlan is so smart, then why is he Blagojevich’s general counsel? It can damage one’s career blindly defending someone like Rod. A smart attorney would have run for the hills and been practicing on his own.
- HoosierDaddy - Friday, Mar 2, 07 @ 3:45 pm:
VanillaMan, you are missing a piece of the puzzle here. If a criminal lawyer had taken a public stand in contradiction of his client’s position, then the lawyer would be required by the canons of ethics to withdraw as counsel. The accused would then be entitled to seek another lawyer who was not publicly opposed to his position.
Lisa Lisa has taken a public position which contradicts that of the governor’s office. Therefore, as an ethical matter, she should withdraw and the governor should get another lawyer.
I’m all for frying Blago, but let’s do it right so we don’t have more Ryan appeals.
- Tessa - Friday, Mar 2, 07 @ 3:46 pm:
Lisa is the Attorney General for the state. As such, she represents the state. If the BGA sued the administration and not Blago for the information, then Lisa is the correct person to do the job. Go Lisa. It’s about time someone starts to get some justice for the people of this state.
- babs - Friday, Mar 2, 07 @ 4:18 pm:
Doesn’t this remind anyone else of Nixon? Come on, this is great theater.
- B Hicks - Friday, Mar 2, 07 @ 4:41 pm:
Bubs is 100% on the money, Bill Quinlan is a very smart man.
He knows what he is doing.
- HoosierDaddy - Friday, Mar 2, 07 @ 4:48 pm:
Yeah but…. I’m still sayin….
If I’m wrong, I’m wrong, but I don’t think I’m wrong.
- Anon. - Friday, Mar 2, 07 @ 5:29 pm:
The Goobernor is trying to stall the release of the subpeona’s for as long as possible. My question is, if the judge rules in Lisa’s favor, can the Goob appeal to the next level? And, if the Appellate Court sides in Lisa’s favor, can the Goob go to the Supreme Court level?
- Papa Legba - Friday, Mar 2, 07 @ 5:36 pm:
If he does he will really look like an idiot.
- Anon - Friday, Mar 2, 07 @ 5:52 pm:
The Attorney General represents the state in legal matters. Period. Lisa Madigan, as the state’s chief legal counsel, said the subpoena’s were not protected from the FOIA act and said release them. That should have been the end of it. There should not have been a lawsuit b/c the Governor’s office should have released the documents.
- Bubs - Friday, Mar 2, 07 @ 7:04 pm:
Papa Legba,
William Quinlan, senior partner of Quinlan & Crisham in Chicago, is not only a former Chancery Judge (and I believe Chief Judge, though I could be wrong) of the Circuit Court of Cook County, he is a complete Democratic political insider and one of the most respected trial attorneys in Chicago. He was John Stroger’s chief legal advisor for years on the Cook County Board. He may be designated “General Counsel,” but he’s no mere employee of the Governor’s Office.
He’s also not too worried about damaging his “career.” It’s just a tough spot in other ways.
- fed up dem - Friday, Mar 2, 07 @ 8:46 pm:
Lisa’s client is the State of Illinois and as such is to protect the State and make sure the State complies with the law. If Blago chooses to violate it, she has a duty to try to see that it is upheld. No conflict on her part.
- Anti-Bubs - Friday, Mar 2, 07 @ 9:04 pm:
That would be Bill Quinlan Sr - Jr works for the Gov. Just another Cook County patenalistic patronage job.
- Might let him do it... - Friday, Mar 2, 07 @ 9:31 pm:
…for the fun of it, since his crack legal staff has had such a stellar track record to date. I wonder if this is a legal maneuver to somehow render evidence inadmissible later? At any rate, Blago questioning Lisa’s ethics at this point is the height of hypocrisy.
- Rich Miller - Friday, Mar 2, 07 @ 10:36 pm:
“fed up dem” your post is right on the money. Shadoobie, take note. LMadigan’s ethical obligation, her oath of office, her Constitutional duties are to her client, the people of the state of Illinois, not to the governor’s office. There’s absolutely no conflict here.
- Curious George - Saturday, Mar 3, 07 @ 8:09 am:
You’re right on the money “fed up Dem”. That is why there is such an important distinction between suing “Blagojevich” and suing the “Governor’s Office”. Blagojevich can choose anyone as HIS lawyer…but the Governor’s Office can only choose the AG.
- OHH PLEASE! - Saturday, Mar 3, 07 @ 9:10 am:
I do not agree with Blagojevich firing her because he does not agree with her recommendations, but it does seem that alot of the leaks are coming from Lisa’s office. It is a situation where yes she is the states lawyer but she is still a madigan and I know where her heart lies.
- anon - Saturday, Mar 3, 07 @ 10:40 am:
how do they (the Gov office) do it other times. that is get to hire their own attronies on other cases.
- Siwash - Saturday, Mar 3, 07 @ 3:09 pm:
Why is this guy still Governor?
- Animous - Saturday, Mar 3, 07 @ 5:10 pm:
Blago’s defied the IL constitution from day one, why should this week be any different? He’s defied the authority of the legislative branch, both privately & publicly, his shell game financing is an insult to anyone with more than half a brain, and now he’s openly defying the authority of another constitutional officer. He took an oath too!! Is anyone surprised?
Seriously, at what point does this cease being entertaining theater and start becoming obstruction of justice and abuse of constitutional authority???
If he continues to go unchecked & unchallenged this could get really, really scarry…
- tisto - Sunday, Mar 4, 07 @ 2:25 pm:
Someone that so badly wants the Governor’s job cannot take this case. Talk about a conflict of interest.
- Rich Miller - Monday, Mar 5, 07 @ 12:08 pm:
People, if you can’t understand the difference between the AG defending the governor himself and the governor’s office, then perhaps you need to take a remedial Constitution class before commenting here.
- Clarification Needed - Monday, Mar 5, 07 @ 12:53 pm:
How about this lawsuit Rich?
https://63.251.13.149/cookcounty/Finddock.asp?DocketKey=CAAH0CH0ABDAG0CH
What are the thoughts on the Judicial Watch lawsuit against the Office of the Governor for the very same allegations as the BGA’s lawsuit.
The Attorney General has filed an appearance and is representing the Office of the Governor. How did this lawsuit move forward without the Governor attempting to “fire” the Attorney General saying she has a conflict?
Inquiring minds want to know what’s really going on?
- Rich Miller - Monday, Mar 5, 07 @ 1:00 pm:
There are several motions filed in that case, but I’m not sure exactly what they are yet.
Bottom line: Madigan is the state’s top legal officer.
- Clarification Needed - Monday, Mar 5, 07 @ 1:08 pm:
If a motion to fire the Attorney General was filed in the lawsuit by the BGA, why hasn’t the Governor’s office, not the Attorney General Office filed the same motion in the Judicial Watch lawsuit?
I don’t know much about the law, but there appears to be two set of rules.
- Rich Miller - Monday, Mar 5, 07 @ 1:20 pm:
As I noted above, several motions have been filed. I’m not sure yet if the guv’s lawyers have filed a similar motion to dump AG Madigan yet or not from the other case.
- Anon - Monday, Mar 5, 07 @ 2:39 pm:
Is this the same crack in-house legal staff that told Blago the videogame statute was constitutional despite the fact similar laws had been struck down all over the country?