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Lisa Madigan: 'No Conflict' Representing Topinka In Legislative Pay Suit

By Chuck Sudo in News on Aug 6, 2013 2:15PM

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Photo credit: Daniel Rangel
The first hearing to determine whether Gov. Pat Quinn overstepped his bounds in using his amendatory veto powers to suspend the pay of state lawmakers until they come to a deal on pension reform will be heard in Cook County Circuit Court Tuesday and Illinois Attorney General Lisa Madigan will be representing Comptroller Judy Baar Topinka’s office against Senate President John Cullerton and Madigan’s father, Illinois House Speaker Michael Madigan.

A statement from the AG’s office stated that, since the lawsuit was filed in Michael Madigan’s official capacity as a legislator, there is no conflict of interest. Michael Madigan and Cullerton filed the lawsuit last week seeking to declare Quinn’s rewrite of House Bill 1441 unconstitutional. Quinn used his amendatory veto to cut $13.8 million from the bill to pay state lawmakers, claiming the $96 billion in underfunded pension obligations the state faces should serve as an “alarm bell ringing in their ears.” Cullerton and the speaker claim Quinn’s actions threaten the independence of the legislature and the separation of powers between branches of government.

Topinka’s office conducted a legal review of Quinn’s veto and concluded she can’t issue paychecks to legislators, but did add the political grandstanding between the governor and the legislative chiefs “is no way to run a government.”

Natalie Bauer, spokeswoman for Lisa Madigan’s office, wouldn’t comment on Quinn’s move, saying, “Our stance and legal analysis has shown the paychecks can’t be cut until an appropriation is made or there is a court order.” Quinn received permission from the AG’s office to be represented by private attorneys in the case. Lawyer Steven Pflaum and attorneys from the firm, Neil Gerber & Eisenberg LLP were selected by Quinn’s office. Paychecks to legislators were supposed to be sent out last Thursday. Michael Madigan and Cullerton are seeking interest on the missing pay.

Related:
Illinois Governor Suspends Lawmakers Pay Over Pension Inaction
Madigan, Cullerton Sue Over Quinn Suspending Legislature's Pay
Illinois Comptroller: 'I Can't Pay State Legislature'