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Judge rules Blagojevich controls special session time and date * UPDATED x2 *

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Illinois

* Judge Leo Zappa ruled today that the governor can, indeed, set the time and date of special sessions. The governor had sued Speaker Madigan over the issue.

A spokesperson for Madigan said the judge didn’t find fault with anything Madigan did (Madigan held some special sessions at different times than the governor had ordered), but I haven’t seen the ruling yet so I have no real idea of exactly what happened. More in a bit.

*** UPDATE *** OK, I have it now. Click here to read the opinion.

*** UPDATE 2 *** From the opinion…

Clearly, the drafters of the 1970 Constitution could not envision that an extraordinary act (Special Sessions Act) which gives the sitting Governor the power to convene both house of the Legislative Branch of government, would be used unilaterally and in an abusive and capricious fasion. Unfortunately, the current Governor’s aggressive use of his extraordinary power does not ahve a bearing on the statutory construction of the Act. This is really not about the current Governor or Speaker. This is about hte authority of the Executive Branch over the Legislative branch in setting dates and times to convene both House of the Legislative branch on special extraordinary matters…

* More…

…this court hereby rules that [the governor] has the right to set the date and time for both Houses of the Legislature to convene for special sessions upon the filing of a Proclamation with the Secretary of State.

* The judge appeals to reason…

A high degree of reasonableness and cooperation must be applied in these settings. The House has a fluid calendar, and there are numerous unforeseen circumstances which can occur making the House or Senate’s strict compliance a problem at times.

* Judge Zappa scolds the guv…

The Governor needs to open meaningful lines of communicattion between himself and the Speaker. This would alleviate the problems of setting dates and times for his Special Sessions and alleviate conflicts due to the scheduling of other House business… It is not the role of the judicial branch to serve on an ongoing basis as a truant officer assigned to police errant or tardy members of the Legislature. Perhaps the Legislature should look at the Special Sessions Act to determine what if any action is needed.

* And continues…

This order is not intended to give either the Governor or Speaker Madigan an advantage in their ongoing rift. Throughout Illinois histoy, until now, this State’s leaders have collaborated on special legislative sessions without resort to the judiciary. This Court can only hope the parties to this case will see fit to implement this order in a professional manner so as to carry out their important work on behalf of the People of the State of Illinois.

posted by Rich Miller
Wednesday, Jun 4, 08 @ 5:29 pm

Comments

I wonder if the gov will call a special seesion to discuss getting rid of him. Now that would indeed be public service.

Comment by Garp Wednesday, Jun 4, 08 @ 5:37 pm
Judge said Rodo can set the time and date. If the judge didn’t find fault with anything MJM did, then Rodo can set all the times and dates he wants, and the session will still come to order when the Speaker calls it to order.

Are there going to be sanctions if MJM doesn’t start the session exactly on time? MJM goes to the Sangamon County lock up? I’m sure this vindictive, joke of a governor would love that.

What if there is not a quorum? MJM is required to send staff around the state to get the legislators that won’t come? Those are the only people he could send, since the state police work for Rodo and not MJM.

I mean, come on. This whole “lawsuit”, if it can be characterized as such, is a complete joke and yet another waste of taxpayer dollars.

Comment by some former legislative intern Wednesday, Jun 4, 08 @ 5:48 pm
The Sangamon County Circuit Clerk’s office is still in the dark ages; although, I do not that they at least plan to allow electronic access in July. Rich, perhaps you can post a copy of the decision when you get your hands on it?

Comment by Squideshi Wednesday, Jun 4, 08 @ 5:53 pm
Basically an up day.

Comment by Rod Wednesday, Jun 4, 08 @ 7:36 pm
Rich,

You gonna get any rest tonight?

Comment by Link Wednesday, Jun 4, 08 @ 7:42 pm
A coma or a stroke might be in order. But it’s Kevin’s birthday, so perhaps I’ll go out.

Comment by Rich Miller Wednesday, Jun 4, 08 @ 7:44 pm
“The House will come to order for Special Session number x. Rep. Doe now moves that Special Session number x adjourn sine die.”

That meets the constitutional requirement, doesn’t it? All they need is a Democrat to act as speaker and a member to move to adjourn, who doesn’t even need to make the motion but should at least show up.

Comment by Bemac Wednesday, Jun 4, 08 @ 8:02 pm
Yep.

Comment by Rich Miller Wednesday, Jun 4, 08 @ 8:11 pm
The legislative fat lady has not sung. This isn’t over by a long shot. I have a friend who once said “if you don’t want anyone to get your goat, don’t let them know where you have it tied.” Madigan definitely has Blago’s goat and has it in a choke hold.

Comment by Little Egypt Wednesday, Jun 4, 08 @ 9:00 pm
And we only spent $1 million on legal help for Slick Willie Q. to achieve this milestone.
It IS an up day.

Comment by DumberThanYouThink Wednesday, Jun 4, 08 @ 9:30 pm
So Bemac, why are the House Clerk and Senate Secretary still reading off and adjourning all 18 of those special sessions ad nauseam every session day? Why DOESN’T somebody just adjourn them sine die for gosh sake?

Comment by Bookworm Wednesday, Jun 4, 08 @ 10:06 pm
No matter how the Gov tries to spin this, the best that can be said for him is that he gets a draw - with the risk of losing his so-called “right” to set the date and time for a special session.

If you take a look at the pleadings and the transcripts of the oral arguments, you’ll see that the judge precisely and deliberately answered the question raised by the Gov’s lawyers. Thus, the judge rules only that the Governor has the “right” to set the date and hour of a special session.

Note that the judge uses the word “right.” In this context, that word is very suggestive; ordinarily, the word “right” refers to privileges that citizens have as against government action. The word does not connote power or authority. In choosing that term, the judge is suggesting that the Governor has a peragotive that he can exercise - not a power that requires action on the part of others.

Thus, the judge continues by saying that the House need not strictly comply when the Governor calls for a special session at a certain date and hour.

And at the same time, the judge clearly states that the Governor’s so-called “right” is found in statute. Judicial restraint requires that the judge avoid, if he can, rendering a decision on a constitutional basis. If he could have reached a decision based on the facts, he would have - thus, his reference to the fact that the Governor has been abusing his “right.” But the judge declines from making this fact the basis of his decision. Instead, he bases his decision on statute - in this case, the Special Session Act. In other words, the Governor’s “right” is found in statute. Such being the case, this so-called “right” is subject to revision or outright abrogation by the General Assembly.

The judge invites the General Assembly to revise the Special Session Act. Under this decision, the General Assembly can strip the Governor of this so-called “right” through veto-proof legislation that revises the Act.

Who sponsors the first such bill in the House, and who does the same in the Senate?

Let’s see how they try to spin this one.

Comment by Chicago Publius Wednesday, Jun 4, 08 @ 10:11 pm
nice spelling

Comment by Lotta Liaison Wednesday, Jun 4, 08 @ 10:16 pm
Rich, thanks for some terrific reporting over the years. This past season has been a doozy. I don’t know how you do it with just interns, etc.
travel, interview, write, fiddle with computer, sleep, - repeat ad nauseum. You deserve a big steak and a beer and some Ambien.

Comment by Disgusted Wednesday, Jun 4, 08 @ 10:25 pm
God knows how many tax dollars were used for this ridiculous law suit, particularly since this was a lawsuit between 2 public officials - they both had to have lawyers.

There is no way this is a victory or even something the Governor should brag about. If I recall, there were a bunch of counts and the Governor’s office dropped those a long time ago. It sounds like the Governor wanted someone to tell him he was right and the Speaker was wrong, but that’s not what happened. It looks like the judge told Blago he could write something on a piece of paper. Was that really what this was about, because that’s sure what it sounds like. The order says nothing about what the General Assembly has to do, only what the Governor can do.

What a waste of time and money.

Comment by HUH?? Wednesday, Jun 4, 08 @ 10:27 pm
Its interesting that people are asking about the cost of the lawsuit. Democrats in illinois have been living under the speakers rule for 20 years because he was the only game in town. Now he tries to take over the executive branch and violate the constitution because of his animosity for governor blagojevich. I am not defending the governor, but maybe if he got rid of his god complex and acknowledged the fact that the governor can call a special session the governors office wouldnt have to spend money on lawsuits.

Its getting ridiculous, the economy is in the crapper, people cant get jobs and Madigod wont meet with the governor to do a capital bill which will create hundreds of thousands of jobs because he has a personal conflict with the guy. Maybe they should just both whip it out and see who is bigger.

Comment by empereors new clothes Wednesday, Jun 4, 08 @ 11:35 pm
This effort by Blago is going to become the new example in Wikipedia for:

“Pyrrhic victory”

Comment by Gregor Thursday, Jun 5, 08 @ 1:51 am
Vote Con-Con in 2008!

Comment by VanillaMan Thursday, Jun 5, 08 @ 8:50 am