Under state law, the Attorney General is statutorily charged with the duty to defend all court actions against any State officer, in his official capacity, and the duty to consult with and advise the governor upon all legal or constitutional relating to his duties.
Attorney General Lisa Madigan created a conflict of interest
between the Office of the Attorney General and the Governor when she petitioned the State Supreme Court to remove the Governor from public office.
Because of that conflict of interest, Gov. Blagojevich's attorney, Ed Genson, is requesting the appointment of special counsel to represent the governor. In other words, Gov. Blagojevich wants to be defended by the counsel of his choice at State expense.
Because the Supreme Court rejected AG Madigan's filings, that matter is closed.
In the FEDERAL criminal prosecution, the federal government is NOT prosecuting the Governor in his "official capacity." Thus, the Governor is not entitled to STATE-paid representation in the criminal matter pursuant to the Attorney General Act.
But what about the impeachment proceedings in the Legislature? Gov. Blagojevich's attorney has filed a motion with the Special Investigative Committee of the Illinois House of Representatives:
Is Blagojevich entitled to the appointment of counsel to represent him in the impeachment proceedings?