Gov. Rod Blagojevich's appointment of Roland Burris to Barack Obama's vacant U.S. Senate seat has shaken everybody from Illinois up to Washington, D.C., and the White House and opened up the question of whether such an appointment can legally be blocked, given the allegations against the governor.

What everybody does agree on is that the governor is, at present, well within his authority as the state's chief executive to make that appointment. State Sen. Dan Rutherford, R-Chenoa, spoke with the Herald & Review after the governor's news conference last week naming Burris as Obama's successor.

"It really puts a new complexion on things," Rutherford said. "Both the General Assembly and now the U.S. Senate have to deal with it."

Since then, Illinois Secretary of State Jesse White issued a statement saying he would not certify the appointment. Technically, White must co-sign to certify the appointment, said White's spokesman Henry Haupt.

Rutherford thinks that's ultimately just an obstruction.

"I can't understand how he can not certify it if it was done through a legal process, which the governor appears to have done," Rutherford said. "I find it very difficult to think that Jesse White has the legal standing not to certify it."

Haupt said the refusal on White's part to certify the appointment is not a slight against Burris but is part of a declaration he made earlier stating he would not certify a Blagojevich appointment based on the controversy surrounding the governor.

Rutherford said any means to block such an appointment on the state level should have been done through special legislation declaring a special election for the seat.

Rutherford said the General Assembly missed that opportunity despite having legislation drafted and waiting in the wings.

"The mechanics to it were absolutely there. I think it somewhat emphasizes the fact there should have been action in regard to a special election," Rutherford said. "Had the General Assembly gone through what was positioned to be able to be done, it could've been on the governor's desk by now."

Wait a minute … the governor's desk? By law, any legislation must either be signed, vetoed and subsequently overridden or ignored for 15 days by the governor before it can become law.

Blagojevich has become known for sending back alterations to legislation that make lawmakers balk, as with last year's transit bailout that mandated a free rides for seniors program. He could have tied the legislation up by rejecting such alterations and then sat on the bill for at least 15 days afterward.

Would the governor really have signed it without altering it or otherwise slowing the process?

"I don't know at the day that it was available to be passed if he would have or not. He's saying now that he would have," Rutherford said.

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THE QUESTION on everybody's mind is whether Blagojevich will be impeached, and if so, when. Rutherford had his own prediction on that possibility as well.

A panel of lawmakers is investigating to determine if impeachment is viable and, if so, how to move forward with it. Last week, Rutherford said that part of the process could be wrapped up by the end of this week.

If the House votes to approve articles of impeachment, the Senate would need to convene to hold a trial, with the chief justice of the Illinois Supreme Court presiding. Depending on the verdict, the governor may be found innocent of wrongdoing or could be removed from office.

Rutherford said the legislature likely will not convene during the week of the presidential inauguration but speculated the impeachment and trial could be wrapped up as soon as Feb. 7.

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THE GOVERNOR'S media office has been quick to point out some other notable actions on the governor's part this past week, proving that despite cries of "do-nothing" from his critics, Blagojevich does, in fact, do something.

Among the bills the governor affixed with his signature last week were House Bill 4613, granting detainees in immigration custody reasonable access to religious counsel, and House Bill 4845, which adds "registered" to the title of license for interior designers.

klowe@herald-review.com|421-7985

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