Better Government Association

Madigan taken off subpoena suit

Judge's ruling backs Blagojevich

By DOUG FINKE
STATE CAPITOL BUREAU
Published Saturday, April 14, 2007

Gov. Rod Blagojevich on Friday successfully fired Attorney General Lisa Madigan as his lawyer in a case involving disclosure of federal subpoenas served on the governor's office.

Sangamon County Circuit Judge Patrick Kelley agreed with lawyers for Blagojevich that Madigan's office has a conflict representing the governor because Madigan has said the subpoenas should be made public. Kelley appointed Springfield attorney Thomas Londrigan to represent the governor's office in the case.

Alan Rosen, chief deputy attorney general, said Madigan will consider appealing Kelley's decision.

"What you've (Kelley) said is if the governor disagrees with the view of the attorney general, the governor is entitled to special counsel," Rosen said. "It will allow any agency to now say we disagree with the attorney general, now we want special counsel."

The attorney general's office is responsible for representing state officials and agencies in legal matters.

The dispute arose over a lawsuit filed by the Better Government Association of Chicago, which wants Blagojevich to disclose any federal subpoenas issued to his office. The BGA tried to obtain the records under the state's Freedom of Information Act, but the Blagojevich administration refused to release them. The governor's office has said releasing the documents could impair federal investigations into alleged wrongdoing in state government.

Before suing, the BGA asked Madigan's office for its legal opinion on whether the subpoenas should be released. Madigan's public-records attorney, Terry Mutchler, responded in a letter that the subpoenas are public records and should be released.

In court Friday, Londrigan argued that Madigan's office can't effectively defend the governor's position that the records are private after already concluding they should be released.

"We think releasing the opinion letter creates an irreversible conflict," Londrigan said. "They've already taken a position publicly that you are wrong."

However, Assistant Attorney General Karen McNaught said the office's public records section is separate from lawyers who would defend the Blagojevich administration in the BGA case. She also maintained that lawyers assigned to defend Blagojevich would not have to follow the opinion about releasing the documents.

Kelley didn't accept that argument, saying Madigan might have an interest in seeing her office's opinion upheld.

The Blagojevich administration had previously confirmed that federal subpoenas were issued to the governor's office for personnel information, as well as the departments of Children and Family Services, Transportation and Corrections. However, in November, 2005, the administration stopped acknowledging receipt of subpoenas and referred questions to the U.S. attorney's office, which has a policy of not commenting on ongoing investigations.

Doug Finke can be reached at doug.finke@sj-r.com.