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Blagojevich lawsuit against House clerk dismissed

Posted September 19, 2007 11:00 pm

Doug Finke

Saying that to do otherwise would be a "grave injustice," Sangamon County Circuit Judge Patrick Kelley Thursday dismissed a lawsuit filed by Gov. Rod Blagojevich against House Clerk Mark Mahoney.

In handing down the ruling, Kelley also chided the "ridiculous and embarrassing Hatfield and McCoy atmosphere at the Statehouse" between Blagojevich and House Speaker Michael Madigan. The two Chicago Democrats have feuded all year, resulting in a record-breaking overtime session and two lawsuits filed by the governor against the House.

In the suit before Kelley Thursday, Blagojevich's legal representatives claimed that Mahoney violated the Illinois Constitution by not entering the governor's budget cuts into the official House record on Sept. 4 when the House met to consider a mass transit funding bill. That was the first time the House was in session after Blagojevich made $463 million in cuts to the $59 billion state budget approved in August.

The timing is important because the constitution sets a 15-day time limit to start overriding the cuts once they are formally recorded. Blagojevich wanted the court to order that the cuts be officially entered retroactive to Sept. 4.

Blagojevich legal counsel William Quinlan acknowledged in court Thursday that if the cuts were entered retroactively, the General Assembly would have no chance to reverse them because the time limit would have expired.

Kelley said that's unacceptable.

"It would be a grave injustice not only to members of the House, but also the people of Illinois who have the right to see the legislative process run its course," the judge said.

Kelley also said the complaint was moot because the House entered the cuts into the official record Monday, after a private meeting in Kelley's office between the judge and lawyers for Madigan and Blagojevich.

Madigan legal counsel David Ellis said the step was taken to "find a way to resolve this short of court intervention."

"We took a step at the judge's suggestion - it was not an order - as a measure of good faith," Ellis said. "We thought it might lead the governor to drop the complaint, but he decided to pursue it, and now we have the result today."

Quinlan said the fact the cuts have now been recorded is a "good result."

"The intention wasn't to try and do an end run around the House and their ability to consider it," he said. "It was just to get some finality (to the budget) and follow the constitution. If we didn't step up and cause the House clerk to (record) the bill and follow the constitution, it wouldn't have happened."

Quinlan added that "it's a shame we had to go through this effort to do this in order to get them to comply with the constitution."

Mahoney, the House clerk, is also Springfield's Ward 6 alderman.

By recording the budget cuts Monday, the House will have to act to override them by Oct. 2, the beginning of the veto session. The House plans a Committee of the Whole hearing to discuss the cuts Oct. 1.

But even if the House votes to override, the Senate may not follow suit. Senate President Emil Jones, D-Chicago, has said he will not allow senators to vote on restoring money cut from the budget by the governor.

Blagojevich's other lawsuit against Madigan, which is still pending, demands that the speaker call the House into special sessions on the dates and times set by the governor. Madigan has had the House meet at different times and has completely ignored some special-session orders.

Doug Finke can be reached at (217) 788-1527 or doug.finke@sj-r.com.

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