Gov. Blagojevich: Unfitness Motion?

Argument

This Court should declare that Mr. Blagojevich is currently disabled from serving as Governor. Under the Illinois Constitution, the Governor shall be replaced by a successor if he "is unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability." Ill. Const. Art. V, Sec. 6(b); see 15 ILCS 5/1 (2006). The determination of the Governor's ability to serve under this provision is a matter for this Court to decide. Ill. Const. Art. V, Sec. 6(d).

The term "disability" in Sec. 6(b) is unambiguous. A "disability" is a "disabled condition" or "that which disables or disqualifies." Webster's New World Dictionary 175 (Warner Books ed. 1987). To "disable" is to "make unable, unfit, or disqualified," id., or "to take away the ability of, to render incapable of proper and effective action," Black's Law Dictionary 548 (Rev. 4th ed. 1968).

A person suffers from a "legal disability" where he or she is "entirely without understanding or capacity to make or communicate decisions regarding his person and totally unable to manage his [or her] estate or financial affairs." Estate of Riha v. Christ Hospital, 187 Ill. App. 3d 752, 756, 544 N.E.2d 403 (1989). In a case where a legal disability is alleged, the record must contain sufficient allegations of fact from which one could conclude that the person seeking to be found legally disabled was incompetent or suffered from serious mental disorder which made that person entirely without understanding or capacity to make or communicate decisions regarding his person and totally unable to manage his estate or financial affairs. Sille v. McCann Construction Specialties Co., 265 Ill. App. 3d 1051, 1055, 683 N.E.2d 676, 679 (1994).

I didn't read the links, Debra, but my understanding is that she wants the IL Supreme Court to deem him "disabled" not simply unfit. There apparently is justification for the ILSC to declare a governor disabled and therefore unable to lead resulting in his powers being set aside until such time as he is deemed "fit".

http://news.yahoo.com/s/ap/20081212/ap_on_re_us/illinois_governor

Agreed-- it's a reach.

The scandal has also begun to impede state business, Madigan said.

Illinois has billions of dollars in unpaid bills, including payments to Medicaid patients, hospitals, pharmacies, nursing homes and schools, and the state has approved $1.4 billion in short-term borrowing to keep cash flowing. But before the borrowing takes effect, Madigan said she has to certify that there is not any legal proceeding threatening the ability of the governor to hold his office.

In light of Friday's filing by her office, Madigan said she can't sign that.

"We will not be able to move forward on it until we have a different governor," Comptroller Dan Hynes said.

The state's inability to pay the bills has "a horrible ripple effect," the comptroller said. He said that pharmacies that count on state reimbursements could shut down, and suppliers could stop delivering food to Illinois prisons or letting state troopers buy gasoline. Businesses waiting for the state to pay its bills could lay off workers or simply go bankrupt, Hynes said.

"If our backlog gets worse, people are going to stop providing services," he said.source

Ah... I see what she's doing (I think).

She's paralyzed the Comptroller's Office by petitioning to have him called disabled and therefore unfit to govern. The state can't pay it's bills until the Legislature boots his butt and Pat Quinn takes over. The Legislature will move quickly. Perhaps more quickly than it would have otherwise. Welcome to IL politics.

Quote:

The scandal has also begun to impede state business, Madigan said.

Illinois has billions of dollars in unpaid bills, including payments to Medicaid patients, hospitals, pharmacies, nursing homes and schools, and the state has approved $1.4 billion in short-term borrowing to keep cash flowing. But before the borrowing takes effect, Madigan said she has to certify that there is not any legal proceeding threatening the ability of the governor to hold his office.

In light of Friday's filing by her office, Madigan said she can't sign that.

"We will not be able to move forward on it until we have a different governor," Comptroller Dan Hynes said.

The state's inability to pay the bills has "a horrible ripple effect," the comptroller said. He said that pharmacies that count on state reimbursements could shut down, and suppliers could stop delivering food to Illinois prisons or letting state troopers buy gasoline. Businesses waiting for the state to pay its bills could lay off workers or simply go bankrupt, Hynes said.

"If our backlog gets worse, people are going to stop providing services," he said.source