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The Governor of Illinois has been arrested and indicted. I don't know Illinois law, and I've not researched this, but my instinct is to say that, absent caselaw to the contrary, Lieutenant Governor Pat Quinn is the acting Governor, by operation of Article V § 6(b) of the Illinois Constitution and the Illinois line of succession, 15 ILCS 5(1)(a).
Section 6(b) provides that the line of succession is triggered (even temporarily) "[i]f the Governor is unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability...." One would think that "disability," as it's used here, refers broadly to the incumbent being unable to function as the Governor, rather than narrowly in the sense of (to use the ADA's definition) "a physical or mental impairment that substantially limits one or more of the major life activities of such individual," 42 U.S.C. 12102(2)(A)).
Suppose that the Governor was in a coma. He might not be "disabled" as the ADA uses that term, but he would be unable to operate as the Governor. Surely Illinois would not be required to impeach him in order for the Lt. Gov. to take over running the government. Now suppose that instead of being in a coma, the Governor was being held in prison by Columbian revolutionaries after his plane was shot down. Presumably the Lt. Gov. would take over, despite the Governor being awake and mentally competent (at least, no less so than normal). That is, being incommunicado, either because one is a captive or in a coma, is a "disability" in the sense of the Governor not being able to carry out his duties, and common sense suggests that it is also a "disability' in the sense of § 6.
It isn't such a massive step thence to saying that if the Governor has been arrested and indicted, he can't carry out his functions and is thus "disabled" within the meaning of § 6. (There is a question, I suppose, of whether this operates latae sententiae or if it would require some kind of intervening action by some actor.) That would seem to be a common-sense reading of the language, at least in the absence of caselaw to the contrary.
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Small nitpick, he has not
Small nitpick, he has not been indicted. I am not sure that disability can not be expanded far beyond health issues. One could make an argument that many politicians suffer 'disability' in office under such an expansive definition as you suggest.
If he was still in jail, that is a disability. However, since he is now bonded out, it would not appear that he is not currently disabled. Politically, it would be hard for him to do anything. I suspect he will be forced to resigned or we will see one of the quickest impeachment and convictions ever.
The legislature has already planned a special session, and
have talked about holding a special election. It looks like they're wasting no time throwing this bum out.
Maybe I'm the only one that
Maybe I'm the only one that is amazed.
You have Ayers’ OP ED heralded in the mortgaged NYT. Wright declaring to a packed and enthusiastic congregation that Dec 7 was the day evil America murdered Hiroshima with an atomic bomb. (the irony of that Wrighteous gaffe)
Then there's Rezko in jail and his old buddy the Govna full of untold facts which will mix the DNC, Chicago politics and their favorite son altogether. Maybe Oprah can sort it out, or the FBI. What an amazing circle of Obama friends.
And despite how Obama characterized the many associations of Woods Fund, Rezko or Trinity, there are the indictments and convictions of certain local "charitable" groups that are part of this pool for violations of the Material Support Laws.
Rezko was just one of the players who was connected to most everyone else in the game. I guess Blogo was King for a while. The flow of cash, graft and corruption makes it hard to estimate all the quid pro quo. Should this corruption and crime spread interstate, won't the AG be busy. I’m sure Fitzgerald will.
This political story has been "out there" during most of the primaries. I'm shocked the Govna held on so long. Blogo and friends including the near bankrupt Tribune kept much of the corruption story back page including the Obama-related dots. Then media nationally pitched in...LOL Perhaps the Govna, like Rezko thought he had some sway with the man. I can only wonder why.
"Prosecutors alleged Blagojevich sought appointment as Secretary of Health and Human Services, secretary of the Energy Department or gain an ambassadorship in the new Obama administration, or get a lucrative job with a union in exchange for appointing a union-preferred candidate. An Obama spokesman had no immediate comment."
No, this might take some reflection.
Yep, Fitzgerald might become a very powerful person.....
sounds like a guess to me
Sounds to me like you're just guessing what "otherwise disabled" is supposed to indicate beyond "unable to do the job." If he's indicted and he makes bail, is he governor again under this standard?
Seems to me more states should deal explicitly with how to handle the job status of pols accused of serious crimes. Seems to me if you're under a cloud it should be put to say a legislative vote as to whether you ought to be suspended immediately, with exceptions only for extraordinary circumstances. Any compensation after indictment should be either withheld or granted only with an accompanying asset lien that would allow the state to recapture undeserved pay should a conviction ensue.
That cure could well be far
That cure could well be far worse than the disease. Consider a governor whose state legislature and state offices are controlled by the opposition party. (Obviously not the case in Illinois.)
Don't think so, Simon...
Being arrested does not render a political office holder "disabled" from holding that job. First, as Jim points out, he has only been charged via an arrest warrant, not indicted by the grand jury. Second, the historical record is replete with examples of politicians who have been indicted, even convicted, but not left office.
Finally, a reading as you suggest would functionally remove the power of impeachment from the legislature and place it in the hands of any police officer or prosecutor in the state. Remember the arrest of Tom DeLay? Any governor has plenty of political rivals in a state, usually including any number of prosecutors. Those folks should not be given the unilateral power to force the governor out of office, even temporarily.
Can he use up IL's 2nd seat?
I read today that the IL AG thinks he can still do his stuff, alas. So, now I wondered at centerfield, can he use up IL's 2nd seat for 2yr by giving it to himself and refusing to resign even when not seated? I'm not a lawyer, though, of course.
Like many other Democrats, and you guys about Stevens, I'm glad they nailed this guy, and am less than unhappy to see the crook Jefferson finally out of office.