Judicial Rulings

Breslin unseated, seated again
THE LATEST step in what must seem to Rep. Peg Breslin (D., Ottawa) like a game of musical chairs found the Illinois Supreme Court announcing September 14 a stay of Breslin's ouster from the Illinois House. The stay was issued so that the court could hear Mrs. Breslin's appeal of the judgment order of Judge Jerry S. Rhodes, 7th Judicial Circuit, which ordered Breslin unseated as 38th district representative in the Illinois House. Rhodes held that Breslin's seat had been temporarily but wrongfully restored to her by the 38th District Democratic Legislative Committee July 1, the day after she had been unseated by a 91-75 vote of the House for failing to meet residency requirements. Judge Rhodes did not rule on the question of residency. Elected in November, Breslin was seated with the rest of the General Assembly in January but was almost immediately challenged in the House for not meeting the residency requirement of living in her district for one year.

Rhodes' order to unseat Breslin was based upon a finding that "provisions of Illinois Revised Statutes (1975), Chapter 46, Section 25-6, providing a method of appointment to fill vacancies in the General Assembly" is unconstitutional. Judge Rhodes cited People ex rel. Rudman v. Rini, 1976, in which the state Supreme Court ruled that political party committees could not fill vacancies in public offices since they do not represent and are not accountable to the public.

Ordinarily the appeal of Rhodes' ruling would be heard in November, yet earlier consideration is likely since the fall legislative session begins October 24. Breslin will claim that Rhodes shouldn't have ruled on the question of constitutionality of the appointment statute, and that the Rini case does not apply to her appointment since it was aimed at county officers. She says that the speaker of the House and the president of the Senate have agreed to file as amicus — friends of the defendant — in the case.

Besides Breslin, three other legislators have been appointed by political committees to fill vacancies this year. They are Rep. William Harris (D., Marion), Sen. Richard Guidice (D., Chicago) and Sen. Larry Leonard (D., Waukegan). Asked if he thought the ruling on Breslin might also apply to these other legislators. House Speaker William Redmond(D., Bensenville) said, "I don't think so," explaining that he does not feel the Rini case applies to the legislature's constitutionally-approved method of filling vacancies. ž

October 1977 / Illinois Issues / 29