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January 15, 2009
Volume 23 - Issue 1
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SENATE BEGINS IMPEACHMENT TRIAL
The impeachment trial of Governor Blagojevich is scheduled to begin January 26, but this week the newly inaugurated Senate started the trial process in earnest after the House re-impeached Governor Blagojevich for the new 96th General Assembly. The new Senate unanimously adopted their impeachment trial rules, read the House’s impeachment articles into the record by the House Prosecutor David Ellis, swore in all 59 Senators as, essentially, judges and jurors, and delivered a summons to Governor Blagojevich, mandating a response by January 20.
Removal by the Senate will require at least 40 votes, meaning that Governor Blagojevich will have to find 20 votes to avoid removal. If Blagojevich is forced from office, Lt. Governor Pat Quinn would become the state's new chief executive.
The Illinois Senate’s impeachment trial will be operating under the following rules:
- Illinois Supreme Court Chief Justice Thomas R. Fitzgerald, a Chicago Democrat, presides over the trial. Senators can overrule his procedural decisions with a majority vote, which is 30 votes in the 59-member Senate.
- The Senate can issue subpoenas, writs, and other legal orders, and if a witness refuses to testify he or she can be arrested and forced to testify.
- Evidence is admissible if it is “relevant, material and not redundant.” The Senate is not bound by normal rules of evidence used in Illinois or federal courts.
- Gov. Blagojevich is entitled to appear at the trial himself or be represented by lawyers. However, the trial will proceed even if the governor declines to participate.
- Senators and Senate staff “should” abstain from commenting on testimony and evidence before the trial ends.
- Both sides will have 30 minutes for opening statements. After the Senate hears the evidence, the House prosecutor can make a 60-minute closing argument. Blagojevich’s attorney will then have 90 minutes for a closing argument, followed by 30 minutes for rebuttal by the prosecutor.
Further, the Senate’s schedule for the trial is as follows:
Saturday, January 17, 2009:
(12:00 noon) Governor to file his appearance and answer to article of impeachment.
Tuesday, January 20, 2009:
(4:00 p.m.) Governor to file motion to dismiss, if any, under Senate Impeachment Rule 14.
(4:00 p.m.) House Prosecutor to file reply to Governor’s answer to article of impeachment.
Wednesday, January 21, 2009:
(4:00 p.m.) All parties to file requests, if any, under Senate Impeachment Rule 15.
Friday, January 23, 2009:
(4:00 p.m.) House Prosecutor to file response to any motion to dismiss under Senate Impeachment Rule 14.
Saturday, January 24, 2009:
(10:00 a.m.) All parties to file responses to requests, if any, under Senate Impeachment Rule 15.
The trial will then begin on the 26th. The trial is expected to last 9-10 days. CICI will keep you abreast of what occurs in this trial.
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TAX HIKES ON THE HORIZON FOR 96th GENERAL ASSEMBLY?
In accepting his new position as Senate President, John Cullerton (D-Chicago) addressed the severe budget crisis that has enveloped Springfield. President Cullerton remarked that the state simply cannot balance the budget by cutting state employment, education, or healthcare. Aside from various state pensions, which he did not mention, everything else in the state budget pales in comparison to the state’s payroll, healthcare, and education. If these programs are untouchable, there is little else that can be cut from the budget to cover the billions of dollars of debt. And while our current governor has long held the position that he would veto any tax increase on “people”, he is all but removed from office and it’s only a matter of time before Lt. Governor Pat Quinn becomes the state’s new chief executive. Whether Quinn will carry on the Blagojevich anti-tax mantra or whether House Speaker Michael Madigan (D-Chicago) will go along with any tax increases remains to be seen.
There is also the issue of a state infrastructure/construction plan to build roads, bridges, schools, etc. and that will take quite a bit of funding just for the debt service on the bonds. A bill has already been introduced in the House, HB 1 (Bradley, D-Marion), to enact an 8 cent per gallon motor fuel tax increase, presumably to provide this funding. There has also been talk of enacting a service tax, expanded gaming, cigarette tax hikes, and of course, across the board income tax increases for both individuals and businesses.
Of course, CICI will be active in addressing these potential tax increases, especially as it pertains to the business of chemistry.
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
Headquarters: 1400 E. TOUHY AVE., SUITE 110, DES PLAINES, IL 60018 · TEL :(847) 544-5995 · FAX :(847) 544-5999
Springfield: 400 W. MONROE, SUITE 205, SPRINGFIELD, IL 62704 · TEL :(217) 522-5805 · FAX :(217) 522-5815 |
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