Andrew Zajac
A Chicago federal judge has told Illinois Gov. Rod Blagojevich that he can't sit indefinitely on pardon applications.
Ruling in a suit brought by ten felons seeking executive clemency, Judge Joan Gotschall said the Illinois constitution requires that the governor shall decide each application, thus requiring him to make decisions "within a reasonable period of time."
Seven of the plaintiffs in case have already had their applications rejected by Blagojevich. But Gotschall dismissed their claim that the governor's adverse decisions were retaliation for filing the suit.
Here's Gotschall's decision: Download file
The use of state and federal pardon powers is of growing interest to lawyers and advocates of prisoners because of the sheer numbers of people who have been imprisoned and who face eventual re-entry into society with blots on their records.
Rob Acton, an attorney with Cabrini Green Legal Aid, which represented the plaintiffs in their clemency hearings, offers this essay Download file on the need for speedier decisions.
Margaret Love, the Justice Department's chief pardon attorney from 1990-1997, says the decision has no implications for badly backlogged federal pardon applicants.
"Though, Love said, "it is interesting in showing that federal pardon applicants evidently have no way of making the President decide their cases, and the last two presidents (Bush and Clinton) have been particularly dilatory in their processing of pardon cases."
More than 3,000 clemency petitions had piled up that the federal pardon attorney's office as of last October 1, according to the Los Angeles Times.
Elected officials vested with the power -- governors and presidents -- sometimes are reluctant to use it because of the potential for political damage if a pardon recipient commits another crime.
As for Blagojevich, Love said she hopes the governor will take the court's ruling "as an opportunity. It's an important part of his job."
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Comments
The Gov.of Ill. should act in a timely manner. In the state of Ill. Getting a pardon does not mean you are clear of your charge. You have to get an expungement too. Which does not always work either. The state of Ill. punishes you for the rest of your life because you were a fool at such a young age.
Posted by: tracy | March 22, 2008 10:37 AM
Blago is a Clintonesque slimeball who believes in the Marc Rich pay as you go pardon system. What a sleazebag!
Posted by: remus | March 22, 2008 10:52 AM
Thanks for the input, this doesn't forebode well for my friend who just filed a petition for clemency. He has Proof of Actual Innocence too, let's hope that helps!
Posted by: Armande | March 22, 2008 1:13 PM
He decided to wait.
Don't we have our own Supreme Court to determine what our laws mean? Does every lowly federal judge have authority over our highest elected state officials?
Posted by: whatnow | March 22, 2008 2:05 PM
You should pardon people for "belching or farting", not because they give you money like Blago or former President Clinton or because it can deflect scrutiny of your obvious corruption of your Public Ofiice like prisoner George RYAN.........
Posted by: Jim LOTITO | March 22, 2008 2:13 PM
It's just a matter of time now until Blago joins his predecessor in prison. The voters of Illinois need to take a hard look in the mirror...
Posted by: Jeff | March 22, 2008 5:02 PM
Hi - the link to Judge Gotschall's decision doesn't work. Thanks.
Posted by: Chad | March 22, 2008 6:51 PM
If Obama is President , the Governor , Rezko, Levine and the rest of the gang will be pardon!
Posted by: jp,michigan | March 22, 2008 8:22 PM