Full Text of SR0006 096th General Assembly
SR0006 96TH GENERAL ASSEMBLY
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| SENATE RESOLUTION
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| RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL | 3 |
| ASSEMBLY OF THE STATE OF ILLINOIS, that the following are | 4 |
| adopted as the Senate Impeachment Rules of the Ninety-Sixth | 5 |
| General Assembly solely for impeachment trial proceedings | 6 |
| against Governor Rod R. Blagojevich:
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| SENATE IMPEACHMENT RULES | 8 |
| Rule 1. Definitions. In these Impeachment Rules, unless the | 9 |
| context clearly requires a different meaning: | 10 |
| "Articles of impeachment" include one or more articles | 11 |
| of impeachment. | 12 |
| "Chief Justice" means the Chief Justice of the Illinois | 13 |
| Supreme Court in his capacity as presiding trial officer in | 14 |
| the trial of impeachment.
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| "Constitution" means the Constitution of the State of | 16 |
| Illinois.
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| "Governor" means Rod R. Blagojevich. | 18 |
| "House" means the House of Representatives of the | 19 |
| Illinois General Assembly.
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| "House impeachment record" means the complete record | 21 |
| of proceedings of the House Special Investigative | 22 |
| Committee and the House making inquiry into the impeachment | 23 |
| of Rod R. Blagojevich. |
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| "Journal" means the Journal of the Senate.
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| "Majority caucus" means that group of Senators from the | 3 |
| numerically strongest political party in the Senate.
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| "Majority of those elected" means at least 30 Senators.
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| "Minority caucus" means that group of Senators from | 6 |
| other than the majority caucus.
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| "Minority Leader" means the Minority Leader of the | 8 |
| Senate.
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| "Party" means the House Prosecutor or Rod R. | 10 |
| Blagojevich or his counsel. | 11 |
| "President" means the President of the Senate.
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| "Presiding Officer of the Senate" means that Senator | 13 |
| serving as the presiding officer of the Senate, whether | 14 |
| that Senator is the President or another Senator designated | 15 |
| by the President, in his or her capacity as presiding | 16 |
| officer.
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| "Secretary" means the Secretary of the Senate.
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| "Senate" means the Senate of the Illinois General | 19 |
| Assembly.
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| "Senate Rules" mean the Rules of the Senate of the | 21 |
| Ninety-Sixth General Assembly, other than these | 22 |
| Impeachment Rules.
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| "Two-thirds of those elected" means at least 40 | 24 |
| Senators.
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| Rule 2. Notice from the House of Representatives. When the |
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| Senate receives notice from the House that the Speaker of the | 2 |
| House has directed the House Prosecutor to exhibit articles of | 3 |
| impeachment before the Senate, the Secretary shall immediately | 4 |
| inform the Clerk of the House that the Senate is ready to | 5 |
| receive the House Prosecutor for the purposes of exhibiting | 6 |
| those articles of impeachment and filing of the House | 7 |
| impeachment record with the Secretary. | 8 |
| Rule 3. Introduction of House Prosecutor; exhibition of | 9 |
| articles of impeachment. | 10 |
| (a) The Counsel to the Special Investigative Committee of | 11 |
| the House shall be the House Prosecutor. The House Prosecutor | 12 |
| may select staff to assist in prosecuting the articles of | 13 |
| impeachment, including House staff. | 14 |
| (b) After the House Prosecutor is introduced to the bar of | 15 |
| the Senate, the House Prosecutor shall signify that he or she | 16 |
| is ready to exhibit articles of impeachment against Rod R. | 17 |
| Blagojevich and to file the House impeachment record. The House | 18 |
| Prosecutor shall, at the President's direction, then exhibit | 19 |
| the articles of impeachment and file the House impeachment | 20 |
| record with the Secretary. The House impeachment record, upon | 21 |
| receipt by the Secretary, is deemed admitted as evidence in the | 22 |
| trial of impeachment before the Senate. The articles of | 23 |
| impeachment shall then be presented to the Secretary, and the | 24 |
| President shall inform the House Prosecutor that the Senate | 25 |
| will take proper order on the subject of the impeachment, of |
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| which due notice shall be given to the House. Further, the | 2 |
| Sergeant-at-Arms of the Senate shall provide a copy of the | 3 |
| articles of impeachment to the Chief Justice and give notice to | 4 |
| the Chief Justice of the date and time the trial on those | 5 |
| articles of impeachment will commence.
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| Rule 4. Consideration of articles of impeachment. After the | 7 |
| presentation of articles of impeachment to the Senate, at a | 8 |
| date and time set by the President, the Senate shall proceed to | 9 |
| the consideration of the articles of impeachment and shall | 10 |
| continue in session from day to day (Sundays excepted and | 11 |
| unless otherwise ordered by the President) with the trial until | 12 |
| final judgment is rendered, and so much longer as may, in the | 13 |
| President's judgment, be needful. | 14 |
| Rule 5. Issuance of orders. The President has the power (i) | 15 |
| to make and issue, by himself or by the Secretary, all orders, | 16 |
| mandates, writs, and other papers or documents authorized by | 17 |
| these Impeachment Rules or by the Senate and (ii) to make and | 18 |
| enforce any other regulations and orders relating to the | 19 |
| impeachment trial proceedings that the Senate authorizes. | 20 |
| Rule 6. Senate enforcement powers; authority of | 21 |
| Sergeant-at-Arms. | 22 |
| (a) As provided in the Constitution, the General Assembly | 23 |
| Organization Act (25 ILCS 5/), and the Senate Rules and as |
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| otherwise provided by law, the Senate has the power to subpoena | 2 |
| witnesses, documents, and other materials; to compel the | 3 |
| attendance of witnesses and the production of documents and | 4 |
| other materials; to enforce obedience to its subpoenas, orders, | 5 |
| mandates, writs, and judgments; to preserve order; to punish in | 6 |
| a summary way contempt of, and disobedience to, its authority, | 7 |
| orders, mandates, writs, and judgments; and to make all lawful | 8 |
| orders, rules, and regulations that it may deem essential or | 9 |
| conducive to the ends of justice.
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| (b) The Sergeant-at-Arms of the Senate, under the direction | 11 |
| of the President, may employ aid and assistance deemed | 12 |
| necessary to enforce, execute, and carry into effect the lawful | 13 |
| subpoenas, orders, mandates, writs, and directions of the | 14 |
| Senate. All process shall be served by the Sergeant-at-Arms of | 15 |
| the Senate, unless otherwise ordered by the Senate.
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| (c) The Senate may compel any person, by subpoena, to | 17 |
| appear and give testimony as a witness and produce documents | 18 |
| and other materials before the Senate. The subpoena shall be | 19 |
| signed by the President and may be served in the same manner as | 20 |
| subpoenas from courts.
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| (d) Any witness neglecting or refusing to appear when duly | 22 |
| subpoenaed to testify or to produce documents or other | 23 |
| materials before the Senate may be arrested by warrant under | 24 |
| the signature of the President, taken before the Senate, and | 25 |
| there compelled to give testimony or produce documents and | 26 |
| other materials.
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| (e) Anyone who has been served with a subpoena to appear as | 2 |
| a witness or to produce documents or other materials before the | 3 |
| Senate and who neglects or refuses to so appear or to produce | 4 |
| any of those documents or other materials or, having appeared | 5 |
| either with or without a subpoena, neglects or refuses to be | 6 |
| sworn, to testify, or to produce any documents or other | 7 |
| materials when lawfully required to do so is, pursuant to | 8 |
| Section 8 of the General Assembly Organization Act (25 ILCS | 9 |
| 5/8), guilty of a petty offense. This subsection shall not be | 10 |
| construed to affect any other right of the Senate to compel the | 11 |
| attendance of any person as a witness or the production of | 12 |
| documents or other materials or to punish for disorderly or | 13 |
| contemptuous behavior in its presence.
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| (f) The manner of effecting imprisonment of any person | 15 |
| under these Impeachment Rules for disorderly or contemptuous | 16 |
| behavior in the presence of the Senate, or for failure to | 17 |
| comply with any subpoena or to give testimony, shall be by a | 18 |
| warrant, under the signature of the President, ordering the | 19 |
| imprisonment, countersigned by the Secretary, running in the | 20 |
| name of the People of the State of Illinois, and may direct the | 21 |
| Sergeant-at-Arms to command the sheriff of any county in this | 22 |
| State where the person is located or the State Police to commit | 23 |
| the prisoner to a county jail, and deliver the prisoner to the | 24 |
| keeper thereof, and the jailer to receive the prisoner into his | 25 |
| or her custody and safely keep the prisoner for the time for | 26 |
| which the prisoner is committed, or until the prisoner is duly |
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| discharged.
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| (g) If the person is committed for refusal to answer any | 3 |
| question put to him or her as a witness, or to obey an order of | 4 |
| the Senate, the warrant may direct that the person be returned | 5 |
| to the Senate at a time stated in the warrant, not exceeding 24 | 6 |
| hours after the time of commitment, or it may direct that the | 7 |
| person be imprisoned until he or she signifies willingness to | 8 |
| obey the requirements of the Senate, at which time the person | 9 |
| shall be returned to the Senate by whoever then has the person | 10 |
| in custody. However, no person shall be so held beyond the time | 11 |
| of the adjournment of the Senate sitting for the purpose of | 12 |
| trying the impeachment.
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| (h) The Sergeant-at-Arms and his or her assistants shall | 14 |
| serve process and execute orders that are enjoined upon them by | 15 |
| the President; shall maintain order among the spectators | 16 |
| admitted to the impeachment trial proceedings; shall take | 17 |
| proper measures to prevent interruption of the proceedings, and | 18 |
| may arrest, with or without warrant, any person committing any | 19 |
| offense against the law or any rule of the Senate, or guilty of | 20 |
| breach of the peace in or about the Capitol or the surrounding | 21 |
| public grounds, and convey the offender before the proper court | 22 |
| for trial, and for that purpose has the same authority granted | 23 |
| to sheriffs.
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| Rule 7. Preparation and form of proceedings. The President | 25 |
| shall direct all necessary preparations in the Senate chamber |
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| for impeachment proceedings, and the Chief Justice shall direct | 2 |
| all of the forms or proceedings while the Senate is sitting for | 3 |
| the purpose of trying an impeachment and all forms during the | 4 |
| trial not otherwise specifically provided for. | 5 |
| Rule 8. Rules of evidence governing the trial.
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| (a) Evidence may be admitted if it is relevant, material, | 7 |
| and not redundant.
Formal rules of evidence used in Illinois | 8 |
| and federal courts do not apply to trials of impeachment before | 9 |
| the Senate. | 10 |
| (b) The House Prosecutor or the Governor or his counsel may | 11 |
| object to the admission or exclusion of evidence. Any objection | 12 |
| must be addressed to the Chief Justice. No objection, however, | 13 |
| may be made against all or any part of the House impeachment | 14 |
| record filed by the House Prosecutor with the Secretary.
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| (c) The Chief Justice may rule on an objection and his | 16 |
| ruling shall stand, unless a Senator asks that the Senate | 17 |
| override the ruling of the Chief Justice. The Chief Justice, at | 18 |
| his option, may submit the objection to the Senate, which shall | 19 |
| rule on the objection in the first instance by a record vote. | 20 |
| (d) The vote of the Senate under this Rule shall be by | 21 |
| record vote and taken in accordance with the Senate Rules. | 22 |
| (e) If a Senator has asked that the Senate override the | 23 |
| ruling of the Chief Justice, then the Chief Justice shall | 24 |
| submit the question to the Senate without debate and state the | 25 |
| question as follows: "Shall the ruling of the Chief Justice be |
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| sustained?" The ruling of the Chief Justice shall be sustained | 2 |
| if a majority of those elected to the Senate vote to sustain | 3 |
| the ruling of the Chief Justice by record vote. | 4 |
| (f) If the Chief Justice submits the objection to the | 5 |
| Senate for a ruling in the first instance, then the Chief | 6 |
| Justice shall submit the question to the Senate without debate | 7 |
| and state the question as follows: "Shall the objection be | 8 |
| sustained?" The objection shall be sustained if a majority of | 9 |
| those elected to the Senate sustain the objection by a record | 10 |
| vote. | 11 |
| Rule 9. Writ of summons; service of summons.
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| (a) Upon the presentation of articles of impeachment and | 13 |
| the organization of the Senate for the purpose of trying an | 14 |
| impeachment, a writ of summons shall issue to Rod R. | 15 |
| Blagojevich that recites the articles of impeachment, notifies | 16 |
| him to file his appearance with the Senate at a specified day | 17 |
| and time and at a specified place, to file his answer to the | 18 |
| articles by a specified day and time, and to abide the orders | 19 |
| and judgments of the Senate.
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| (b) The summons shall be served by the Sergeant-at-Arms of | 21 |
| the Senate at least 2 days before the date fixed for the | 22 |
| appearance. Service shall be made either by delivery of a copy | 23 |
| to Rod R. Blagojevich or by leaving a copy with a person over | 24 |
| the age of 21 at his residence or at the Governor's office in | 25 |
| the State Capitol or in the James R. Thompson Center, or, if |
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| such service is not practical in the judgment of the Senate, | 2 |
| notice to Rod R. Blagojevich to file his appearance and answer | 3 |
| shall be given by news article or publication at least once in | 4 |
| a newspaper of general circulation in Illinois.
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| Rule 10. Return of summons. At or before the date and time | 6 |
| appointed for the appearance of Rod R. Blagojevich, the | 7 |
| Sergeant-at-Arms shall file with the Secretary a completed | 8 |
| written return of summons in the following form:
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| "I, (name), Sergeant-at-Arms, do solemnly swear (or | 10 |
| affirm) that, as commanded by the Senate, I served a | 11 |
| summons to appear and a copy of the articles of impeachment | 12 |
| on Governor Rod R. Blagojevich on the _____ day of | 13 |
| _________, 2009, (personally / by leaving a copy of the | 14 |
| summons and articles with a person over the age of 21 at | 15 |
| his residence or the Governor's office in the State Capitol | 16 |
| or in the James R. Thompson Center / by news article or | 17 |
| publication at least once in a newspaper of general | 18 |
| circulation in Illinois)."
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| The return of summons of the Sergeant-at-Arms shall be | 20 |
| entered upon the Journal by the Secretary.
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| Rule 11. Governor's appearance and answer.
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| (a) At the date and time appointed in the summons, the | 23 |
| Governor, or counsel on his behalf, shall file a written | 24 |
| appearance and answer to the articles of impeachment. |
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| (b) If Rod R. Blagojevich, after service, fails to file an | 2 |
| appearance either in person or by counsel on the day ordered | 3 |
| for filing an appearance or files an appearance but fails to | 4 |
| file an answer to the articles of impeachment, the trial shall | 5 |
| proceed, nonetheless, as if Rod R. Blagojevich had entered a | 6 |
| plea of not guilty. If the Governor, or counsel on his behalf, | 7 |
| enters a plea of guilty, then, without further proceedings, | 8 |
| judgment shall be entered removing Rod R. Blagojevich from the | 9 |
| office of Governor. The Senate, at a date and time set by the | 10 |
| President, may then proceed, pursuant to Impeachment Rule | 11 |
| 24(f), to take a record vote on the question of whether Rod R. | 12 |
| Blagojevich shall be disqualified from holding any public | 13 |
| office of this State in the future.
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| Rule 12. Commencement of trial.
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| (a) At the hour of the day set for filing an appearance by | 16 |
| Rod R. Blagojevich, or at such other time as the President may | 17 |
| order, the legislative and executive business of the Senate | 18 |
| shall be suspended and the Secretary shall give notice to the | 19 |
| House that the Senate is ready to proceed upon the impeachment | 20 |
| trial of Rod R. Blagojevich in the Senate chamber or such other | 21 |
| place as the Senate determines.
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| (b) Before proceeding to the consideration of the articles | 23 |
| of impeachment, the President shall administer the oath to the | 24 |
| Chief Justice.
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| (c) The Secretary shall then administer the oath to the |
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| members of the Senate then present and to the other members of | 2 |
| the Senate as they appear, whose duty it shall be to take the | 3 |
| oath.
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| (d) The oath to be administered shall be as follows: "I | 5 |
| solemnly swear (or affirm) that in all things pertaining to the | 6 |
| trial of the impeachment of Governor Rod R. Blagojevich, now | 7 |
| pending, I will do justice according to law."
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| (e) Any members of the Senate not present to take the oath | 9 |
| must be administered the oath upon entering the Senate chambers | 10 |
| during the trial.
The Secretary shall maintain a record of | 11 |
| those Senators who have and have not been administered the | 12 |
| oath. | 13 |
| Rule 13. Attendance; decorum; ex parte communications.
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| (a) All Senators must attend all impeachment proceedings | 15 |
| unless excused by the President (if the Senator is a member of | 16 |
| the majority caucus) or Minority Leader (if the Senator is a | 17 |
| member of the minority caucus). Any Senator who is absent shall | 18 |
| be provided opportunity to review the record of impeachment | 19 |
| proceedings for any date the Senator was absent.
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| (b) All Senators must act in a courteous manner to the | 21 |
| President, the Chief Justice and his staff, the House | 22 |
| Prosecutor and his or her staff, the Governor and his counsel, | 23 |
| and Senate staff.
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| (c) A Senator should not initiate, permit, or consider ex | 25 |
| parte communications with members of the House, the House |
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| Prosecutor or his or her staff, or the Governor or his counsel | 2 |
| or staff of the Governor or his counsel, or consider ex parte | 3 |
| communications or other communications made to the Senator | 4 |
| outside the presence of the parties concerning the impeachment | 5 |
| pending before the Senate, except that:
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| (1) If circumstances require, ex parte communications | 7 |
| for scheduling, administrative purposes, or emergencies | 8 |
| that do not deal with substantive matters or issues on the | 9 |
| merits are authorized if (i) the Senator reasonably | 10 |
| believes that no party will gain a procedural or tactical | 11 |
| advantage as a result of the ex parte communication and | 12 |
| (ii) the Senator makes provision promptly to notify all | 13 |
| other parties of the substance of the ex parte | 14 |
| communication and allows an opportunity to respond.
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| (2) A Senator may consult with other Senators or Senate | 16 |
| staff whose function is to aid the Senator in carrying out | 17 |
| the Senator's responsibilities.
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| (3) The President, Minority Leader, or any one or more | 19 |
| Senators designated by the President or Minority Leader may | 20 |
| confer with the House Prosecutor or his or her staff, the | 21 |
| Governor or his counsel or staff of the Governor or his | 22 |
| counsel, or both in an effort to mediate or settle matters | 23 |
| pending before the Senate.
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| (d) A Senator should abstain from publicly speculating on | 25 |
| issues pertaining to the impeachment trial proceedings pending | 26 |
| before the Senate, including the weight or credibility of |
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| testimony or other evidence, the evidence that may be presented | 2 |
| by the parties, and how the Senator may vote on the evidentiary | 3 |
| matters and the final verdict. Senators should require similar | 4 |
| abstention on the part of Senate staff subject to the Senator's | 5 |
| direction and control. Senators or authorized Senate staff may | 6 |
| make public statements regarding their other official duties or | 7 |
| explain the procedure of the Senate for public information | 8 |
| purposes. | 9 |
| (e) The House Prosecutor and his or her staff must abstain | 10 |
| from publicly commenting on issues pertaining to the | 11 |
| impeachment trial proceedings while those proceedings are | 12 |
| pending before the Senate. | 13 |
| Rule 14. Sufficiency of articles of impeachment. Any motion | 14 |
| to dismiss or challenge the sufficiency of articles of | 15 |
| impeachment must be submitted, in writing, to the Chief Justice | 16 |
| on the day set for the commencement of the trial on the | 17 |
| articles or as permitted by resolution adopted by the Senate. | 18 |
| Argument on any motion challenging the sufficiency of the | 19 |
| articles shall not exceed 15 minutes, unless extended by a | 20 |
| resolution of the Senate, by unanimous consent of the Senate, | 21 |
| or by a majority of those elected to the Senate by record vote. | 22 |
| If the objection to the sufficiency of any article is not | 23 |
| sustained by a record vote of a majority of those elected to | 24 |
| the Senate, the trial shall proceed with respect to that | 25 |
| article. |
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| Rule 15. Subpoena of witnesses, documents, or other | 2 |
| materials; requests to admit additional evidence.
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| (a) Requests for subpoenas for witnesses, documents, or | 4 |
| other materials may be made by the House Prosecutor or by the | 5 |
| Governor or his counsel in the form of a verified written | 6 |
| motion submitted to the Chief Justice, and a copy provided to | 7 |
| the Secretary. The motion must incorporate a showing that the | 8 |
| subpoena is reasonably required to obtain information that | 9 |
| cannot be obtained through voluntary requests for information. | 10 |
| (1) A motion for a subpoena for witness testimony must | 11 |
| contain the name, address, and telephone number of the | 12 |
| witness, a description of the subject matter of the | 13 |
| testimony, an explanation of why the testimony is relevant, | 14 |
| material, and not redundant and must indicate when the | 15 |
| party seeks to have the witness testify before the Senate.
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| (2) A motion for subpoena duces tecum must specify the | 17 |
| documents or other materials to be produced and the | 18 |
| material or relevant facts to be proved by them.
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| (3) The Chief Justice shall submit all motions made | 20 |
| under this subsection (a) to the Senate for its decision. A | 21 |
| motion made under this subsection (a) is deemed granted | 22 |
| only if the motion is sustained by a majority of those | 23 |
| elected to the Senate by record vote.
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| (4) If a motion made under this subsection (a) is | 25 |
| granted to subpoena a witness to testify before the Senate, |
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| then that witness shall testify in the manner provided in | 2 |
| Impeachment Rule 22.
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| (5) If a motion made under this subsection (a) is | 4 |
| granted to issue a subpoena duces tecum and the moving | 5 |
| party seeks the admission of any produced documents or | 6 |
| other materials as evidence, then the moving party must | 7 |
| submit a request pursuant to subsection (b) of this | 8 |
| Impeachment Rule.
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| (b) Requests for the admission of any evidence, including | 10 |
| evidence not in the House impeachment record, may be made by | 11 |
| the House Prosecutor or by the Governor or his counsel in the | 12 |
| form of a verified written motion submitted to the Chief | 13 |
| Justice, and a copy provided to the Secretary.
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| (1) A motion seeking the admission of additional | 15 |
| witness testimony must contain the name, address, and | 16 |
| telephone number of the witness, a description of the | 17 |
| subject matter of the testimony, and an explanation of why | 18 |
| the testimony is relevant, material, and not redundant.
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| (2) A motion seeking the admission of documents or | 20 |
| other materials must describe and produce the proffered | 21 |
| evidence and must explain why the documents or other | 22 |
| materials are relevant, material, and not redundant.
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| (3) The Chief Justice shall submit all motions made | 24 |
| under this subsection (b) to the Senate for its decision. A | 25 |
| motion made under this subsection (b) is deemed granted | 26 |
| only if the motion is sustained by a majority of those |
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| elected to the Senate by record vote. If a motion is | 2 |
| sustained with respect to the admission of additional | 3 |
| witness testimony, then the Senate shall proceed to hear | 4 |
| the testimony in the manner set forth in Impeachment Rule | 5 |
| 22. If a motion is sustained with respect to the admission | 6 |
| of documents or other materials, then the documents or | 7 |
| other materials shall be deemed admitted as evidence in the | 8 |
| trial of impeachment before the Senate.
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| (4) For purposes of this subsection (b), the term | 10 |
| "House impeachment record" has the same meaning as defined | 11 |
| in Impeachment Rule 1 and consists of the documents and | 12 |
| other materials filed by the House Prosecutor pursuant to | 13 |
| Impeachment Rule 3.
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| (c) A party submitting a motion under this Impeachment Rule | 15 |
| must, simultaneously with filing the request with the Chief | 16 |
| Justice, serve a copy of the request on the opposing party. The | 17 |
| non-moving party may object to a request made under this | 18 |
| Impeachment Rule by filing objections in writing with the Chief | 19 |
| Justice and the Secretary and by serving a copy on the moving | 20 |
| party. The non-moving party has 24 hours from the time of that | 21 |
| party's receipt of service of the request to file objections, | 22 |
| unless directed otherwise by Senate resolution or additional | 23 |
| time is granted by either unanimous consent of the Senate or a | 24 |
| record vote of a majority of those elected to the Senate. | 25 |
| (d) Requests made under subsections (a) and (b) of this | 26 |
| Impeachment Rule shall not be combined into one verified |
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| motion, but each must be submitted on a stand-alone basis. | 2 |
| Requests made under this Rule are in order only as permitted by | 3 |
| resolution of the Senate, by unanimous consent of the Senate, | 4 |
| or by a record vote of a majority of those elected to the | 5 |
| Senate.
| 6 |
| (e) Arguments on any request made under this Rule must be | 7 |
| authorized, and time limits shall be determined, by resolution | 8 |
| of the Senate, by unanimous consent of the Senate, or by a | 9 |
| record vote of a majority of those elected to the Senate. | 10 |
| (f) It is never in order to request a subpoena for the | 11 |
| testimony of any person or for the production of documents or | 12 |
| other materials from that person if the U.S. Attorney for the | 13 |
| Northern District of Illinois has indicated that the person's | 14 |
| testimony, or inquiry into the subject matter of that person's | 15 |
| testimony, could compromise the U.S. Attorney's criminal | 16 |
| investigation of Rod R. Blagojevich, as exemplified by, but not | 17 |
| limited to, exhibits 10, 24, and 30 of the House impeachment | 18 |
| record, unless the U.S. Attorney subsequently indicates | 19 |
| otherwise. | 20 |
| (g) A request made under this Rule is not redundant merely | 21 |
| because the request relates to witness testimony or documents | 22 |
| or other materials already contained, in whole or in part, in | 23 |
| the House impeachment record. | 24 |
| Rule 16. Opening statements and closing arguments. | 25 |
| (a) After preliminary motions are heard, the House |
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| Prosecutor may make an opening statement not to exceed 30 | 2 |
| minutes. The Governor or his counsel may then make an opening | 3 |
| statement not to exceed 30 minutes.
| 4 |
| (b) The House Prosecutor shall proceed to present the case | 5 |
| for impeachment. The Governor or his counsel shall then be | 6 |
| provided the opportunity to present evidence relevant to the | 7 |
| articles of impeachment as provided by these Impeachment Rules. | 8 |
| The House Prosecutor shall have an opportunity to present any | 9 |
| rebuttal.
| 10 |
| (c) Closing arguments shall follow the presentation of all | 11 |
| evidence to the Senate sitting as an impeachment tribunal. The | 12 |
| House Prosecutor shall have 60 minutes to present a closing | 13 |
| argument. The Governor or his counsel shall have 90 minutes to | 14 |
| present a closing argument. The House Prosecutor shall then | 15 |
| have an additional 30 minutes to present any rebuttal argument. | 16 |
| On motion of either party before closing argument, the time for | 17 |
| closing argument may be extended by unanimous consent or a | 18 |
| record vote of the majority of those elected to the Senate. The | 19 |
| argument shall be opened and closed by the House Prosecutor.
| 20 |
| Rule 17. Senate Rules; applicability. The Senate Rules, | 21 |
| unless otherwise provided for by law, govern the Senate while | 22 |
| it sits for the purpose of trying an impeachment. If any Senate | 23 |
| Rule conflicts with these Impeachment Rules, then these | 24 |
| Impeachment Rules control. |
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| Rule 18. Time of trial. The hour of the day at which the | 2 |
| Senate shall sit upon the trial of an impeachment is 12 noon, | 3 |
| unless otherwise directed by the President, and when that hour | 4 |
| arrives, the President shall direct that the Senate resolve | 5 |
| itself to sit as an impeachment tribunal, and the business of | 6 |
| the trial shall proceed and shall be presided over by the Chief | 7 |
| Justice. While the Senate is sitting as an impeachment | 8 |
| tribunal, no other business than business related to the | 9 |
| impeachment trial is in order. The adjournment of the Senate | 10 |
| sitting as an impeachment tribunal does not operate as an | 11 |
| adjournment of the Senate; but on that adjournment the Senate | 12 |
| may resume the consideration of its legislative and executive | 13 |
| business. | 14 |
| Rule 19. Secretary as custodian of all impeachment records. | 15 |
| (a) The Secretary shall record impeachment trial | 16 |
| proceedings in the same manner as the recording of legislative | 17 |
| proceedings. Impeachment proceedings shall be journalized and | 18 |
| reported in the same manner as legislative proceedings of the | 19 |
| Senate. The Secretary shall cause a record to be made of all | 20 |
| proceedings before the Senate while sitting for the purpose of | 21 |
| trying an impeachment, including a verbatim transcript, and | 22 |
| shall provide for receipt and secure permanent maintenance of | 23 |
| all subpoenas, precepts, documents, records, books, papers, | 24 |
| pleadings, motions, and exhibits presented to or received by | 25 |
| the Senate in impeachment trial proceedings. |
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| (b) The Secretary shall provide copies of all documents and | 2 |
| other materials filed in the proceedings to the majority caucus | 3 |
| and minority caucus in hard copy or electronic format. The | 4 |
| Secretary shall specify the electronic format of documents and | 5 |
| other materials filed by the parties under these Rules. | 6 |
| Rule 20. Counsel for parties. The House Prosecutor and his | 7 |
| or her staff and counsel for the Governor and his or her staff | 8 |
| shall be admitted to appear and be heard upon an impeachment | 9 |
| trial. | 10 |
| Rule 21. Presentation of questions, motions, and other | 11 |
| matters; votes on motions, requests, and other matters.
| 12 |
| (a) All motions, objections, requests, or other matters | 13 |
| pertaining to procedure, to the articles of impeachment, or to | 14 |
| the impeachment trial, including questions with respect to the | 15 |
| admissibility of evidence, made orally or in writing by the | 16 |
| House Prosecutor or the Governor or his counsel, shall be | 17 |
| addressed only to the Chief Justice. If made orally and the | 18 |
| Chief Justice or any Senator so requests, it shall be reduced | 19 |
| to writing and read at the Secretary's desk.
If made in | 20 |
| writing, it shall be in a format as required by the Secretary | 21 |
| and shall be filed with the Secretary. | 22 |
| (b) The Chief Justice shall submit to the Senate for its | 23 |
| decision all motions, requests, or other matters pertaining to | 24 |
| procedure, to the articles of impeachment, or to the |
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| impeachment trial, made orally or in writing by the House | 2 |
| Prosecutor or the Governor or his counsel. The Senate shall | 3 |
| decide those motions, requests, or other matters by a record | 4 |
| vote of a majority of those elected to the Senate.
Evidentiary | 5 |
| objections shall be determined under Impeachment Rule 8. | 6 |
| (c) Senators shall direct to the Chief Justice all oral or | 7 |
| written motions, requests, or other matters pertaining to | 8 |
| procedure, to the articles of impeachment, or to the | 9 |
| impeachment trial, including requests that the Senate override | 10 |
| rulings of the Chief Justice on objections to evidence. Any | 11 |
| motion, request, or other matter may be acted upon without | 12 |
| objection. If objection is made by any Senator, then the | 13 |
| motion, request, or other matter shall be decided by a record | 14 |
| vote of a majority of those elected to the Senate. The vote on | 15 |
| the motion, request, or other matter shall be without debate, | 16 |
| unless a Senator requests that the doors be closed for | 17 |
| deliberation pursuant to Rule 23. When the doors are closed for | 18 |
| deliberation as an impeachment tribunal, the President shall | 19 |
| preside and deliberations and debate shall be conducted in | 20 |
| accordance with Senate Rules. | 21 |
| Rule 22. Witness examination and presentation of trial | 22 |
| exhibits; questions by Senators.
| 23 |
| (a) Before any witness may give testimony, the Secretary | 24 |
| shall administer to the witness the following oath: "I do | 25 |
| solemnly swear (or affirm) that the testimony I am about to |
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| give in this matter is the truth, the whole truth, and nothing | 2 |
| but the truth."
| 3 |
| (b) Each witness shall be examined by one person on behalf | 4 |
| of the party producing that witness and then cross-examined by | 5 |
| one person on the other side. The Chief Justice shall permit | 6 |
| redirect examination and may permit re-cross examination.
| 7 |
| (c) After completion of questioning by the House Prosecutor | 8 |
| and the Governor or his counsel, any Senator desiring to | 9 |
| question a witness shall be permitted to do so by reducing his | 10 |
| or her question to writing and by submitting it to the | 11 |
| Secretary. Questions submitted shall be asked by the Chief | 12 |
| Justice. If any objection to a Senator's question is raised by | 13 |
| the House Prosecutor, the Governor, his counsel, or a Senator, | 14 |
| then the objection shall be ruled upon in the same manner as | 15 |
| set forth in Impeachment Rule 8. There shall be no colloquy or | 16 |
| debate by or among the Senators on the question posed.
| 17 |
| (d) Copies of all documents and other materials intended to | 18 |
| be relied upon or entered into evidence and the name, address, | 19 |
| and telephone number of any witness permitted to testify before | 20 |
| the Senate pursuant to Impeachment Rule 15 shall be filed with | 21 |
| the Secretary, and a copy shall also be provided to all | 22 |
| counsel, at least 72 hours before the use of the document or | 23 |
| other material or the testimony of the witness, unless | 24 |
| specified otherwise by Senate Resolution or by motion under | 25 |
| Impeachment Rule 21.
|
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| Rule 23. Sessions; open or closed.
| 2 |
| (a) At all times while the Senate is sitting upon the trial | 3 |
| of an impeachment, the doors of the Senate and the Senate | 4 |
| galleries shall be kept open, unless the Senate directs the | 5 |
| doors to be closed while deliberating upon its decisions. A | 6 |
| motion to close the doors may be made by any member of the | 7 |
| Senate, and the motion shall be deemed granted only if | 8 |
| sustained by two-thirds of those elected to the Senate by | 9 |
| record vote. | 10 |
| (b) By granting a motion under subsection (a), the Senate | 11 |
| finds that it is in the public interest for the Senate, as | 12 |
| provided in Section 5(c) of Article IV of the Constitution, to | 13 |
| conduct deliberations and debate on impeachment matters in | 14 |
| closed session.
| 15 |
| Rule 24. Final verdict and judgment.
| 16 |
| (a) After closing arguments, the Senate sitting as an | 17 |
| impeachment tribunal shall take a separate record vote on each | 18 |
| article of impeachment against Rod R. Blagojevich. If there is | 19 |
| more than one article of impeachment, then a record vote shall | 20 |
| be taken on each article in the order that it appears in the | 21 |
| articles of impeachment. If an article of impeachment is not | 22 |
| sustained by two-thirds of those elected to the Senate, then a | 23 |
| record vote shall proceed to be taken on the article next | 24 |
| appearing in the articles of impeachment. If an article of | 25 |
| impeachment is sustained by two-thirds of those elected to the |
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| Senate, then the Senate need not take a record vote on any | 2 |
| remaining articles of impeachment.
| 3 |
| (b) If a Senator has not, for a particular article of | 4 |
| impeachment, heard a substantial portion of the testimony and | 5 |
| evidence or reviewed the transcripts of those portions of the | 6 |
| testimony or evidence that the Senator did not hear, then that | 7 |
| Senator may not vote on that particular article of impeachment.
| 8 |
| (c) The Chief Justice shall state the question on each | 9 |
| article of impeachment as follows: "Shall the Senate sustain | 10 |
| the _________ article of impeachment against Governor Rod R. | 11 |
| Blagojevich and remove him from the office of Governor?" Each | 12 |
| Senator, as his or her name is called, shall rise in his or her | 13 |
| place and answer "Yes" or "No". An article of impeachment and | 14 |
| the question put to the Senate is not divisible for the purpose | 15 |
| of voting thereon at any time during the trial.
| 16 |
| (d) If no article of impeachment is sustained by the | 17 |
| Senate, then a judgment of acquittal shall be pronounced by the | 18 |
| Chief Justice and entered upon the Journal.
| 19 |
| (e) If two-thirds of those elected to the Senate sustain | 20 |
| any one or more articles of impeachment by record vote, then | 21 |
| the Chief Justice shall pronounce judgment of conviction | 22 |
| against Rod R. Blagojevich. The Chief Justice shall also | 23 |
| pronounce in the judgment that Rod R. Blagojevich is thereby | 24 |
| removed from the office of Governor. The Secretary shall enter | 25 |
| the judgment upon the Journal.
| 26 |
| (f) If judgment of conviction is entered, a record vote |
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| may, upon motion of any Senator, be taken on the question of | 2 |
| whether Rod R. Blagojevich shall be disqualified from holding | 3 |
| any public office of this State in the future. The Chief | 4 |
| Justice shall state the question as follows: "Shall Rod R. | 5 |
| Blagojevich be disqualified from holding any future public | 6 |
| office in this State?" Each Senator, as his or her name is | 7 |
| called, shall rise in his or her place and answer "Yes" or | 8 |
| "No". If two-thirds of those elected to the Senate vote in | 9 |
| favor of disqualification, then judgment of disqualification | 10 |
| shall be pronounced by the Chief Justice and entered upon the | 11 |
| Journal. If two-thirds of those elected to the Senate do not | 12 |
| vote in favor of disqualification, then the Chief Justice shall | 13 |
| state that the question is lost, which shall be entered upon | 14 |
| the Journal.
| 15 |
| (g) A motion to reconsider the vote by which any article of | 16 |
| impeachment is sustained or rejected is never in order. A | 17 |
| motion to reconsider the vote by which disqualification is | 18 |
| sustained or rejected is also never in order.
| 19 |
| (h) Upon conclusion of all impeachment matters, the Chief | 20 |
| Justice shall adjourn the Senate sine die as an impeachment | 21 |
| tribunal. | 22 |
| Rule 25. Other time periods. If the Senate at any time | 23 |
| fails to sit for the consideration of articles of impeachment | 24 |
| at a scheduled day or hour, then the President may fix a day | 25 |
| and hour for the Senate to resume its consideration. |
|
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| Rule 26. Amendments to and suspension of Impeachment Rules. | 2 |
| These Impeachment Rules may be suspended or amended by | 3 |
| two-thirds of those elected to the Senate by record vote. | 4 |
| APPENDIX-FORMS | 5 |
| Form 1. Senate acknowledgement receipt; articles of | 6 |
| impeachment and House impeachment record. | 7 |
| I, (name), Secretary of the Senate, have received this ____ | 8 |
| day of ____ , 2009: (1) the articles of impeachment and (2) the | 9 |
| House impeachment record. The House impeachment record | 10 |
| consists of the documents and other materials itemized on the | 11 |
| attached list. | 12 |
| _______________________
| 13 |
| Secretary of the Senate
| 14 |
| Form 2. Letter acknowledging the Senate is prepared to commence | 15 |
| hearings.
| 16 |
| To the Honorable Speaker of the House of Representatives
| 17 |
| As provided in the Senate Impeachment Rules, the Senate is | 18 |
| prepared to take proper order on the subject of the impeachment | 19 |
| of Governor Rod R. Blagojevich, who has been summoned to file |
|
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| an appearance with the Senate on ____________, 2009, at the | 2 |
| hour of _____ in the Senate Chamber and to answer the articles | 3 |
| of impeachment. The House Prosecutor may file with the | 4 |
| Secretary of the Senate a reply to the answer filed by the | 5 |
| Governor on or before ________ 2009, at the hour of | 6 |
| ___________.
| 7 |
| Senate floor privileges will be extended to Senators, staff | 8 |
| of the Senate President and Senate Minority Leader, the House | 9 |
| Prosecutor and his or her and staff, the Chief Justice and his | 10 |
| staff, Rod R. Blagojevich and his counsel, and those with | 11 |
| proper identification as directed by the Senate President and | 12 |
| issued by the Secretary of the Senate.
| 13 |
| _______________________
| 14 |
| Secretary of the Senate
| 15 |
| cc: Members of the House Special Investigative Committee
by | 16 |
| individual name
| 17 |
| Form 3. Command to Sergeant-at-Arms to serve summons on Rod R. | 18 |
| Blagojevich.
| 19 |
| To the Sergeant-at-Arms of the Senate:
| 20 |
| You are hereby commanded to deliver and leave with Governor | 21 |
| Rod R. Blagojevich, if conveniently to be found, or if not, to | 22 |
| leave with a person over the age of 21 at his residence or at | 23 |
| the Governor's office in the State Capitol or in the James R. |
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| 1 |
| Thompson Center, or to serve by news article or publication at | 2 |
| least once in a newspaper of general circulation in Illinois, a | 3 |
| true and attested copy of the within writ of summons, together | 4 |
| with a like copy of this order; and in whichever way you | 5 |
| perform the service let it be done at least 2 days before the | 6 |
| appearance day mentioned in the summons.
| 7 |
| Fail not, and make return of this writ of summons, with | 8 |
| your proceedings thereon endorsed, on or before the appearance | 9 |
| day mentioned in the summons.
| 10 |
| Witness this ______ day of __________, 2009. | 11 |
| _______________________ Attested: __________________ | 12 |
| President of the Senate Secretary of the Senate | 13 |
| Form 4. Form of Summons to be served upon Rod R. Blagojevich.
| 14 |
| The Senate of the State of Illinois to Governor Rod R. | 15 |
| Blagojevich:
| 16 |
| Whereas, the Illinois House of Representatives on the | 17 |
| ______day of _______, 2009 exhibited to the Senate articles of | 18 |
| impeachment against you as follows:
| 19 |
| (INSERT ARTICLES OF IMPEACHMENT)
| 20 |
| and demands that you, Rod R. Blagojevich, should be put to |
|
|
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| 1 |
| answer the accusations as set forth in the those articles of | 2 |
| impeachment and such proceedings, examinations, trials, and | 3 |
| judgments might be had thereupon as are agreeable to law and | 4 |
| justice.
| 5 |
| You, Rod R. Blagojevich, are therefore summoned to file an | 6 |
| appearance with the Senate of the State of Illinois at its | 7 |
| chamber in the city of Springfield, on the ________ day of | 8 |
| __________, 2009 at the hour of __________, and at that time | 9 |
| file an answer to the articles of impeachment. You are | 10 |
| commanded to abide by, obey, and perform such orders, | 11 |
| directions, and judgments as the Senate of the State of | 12 |
| Illinois shall make in the premises according to the | 13 |
| Constitution and laws of the State of Illinois.
| 14 |
| Witness this ______ day of __________, 2009.
| 15 |
| _______________________ Attested: __________________ | 16 |
| President of the Senate Secretary of the Senate | 17 |
| Form 5. Form of subpoena for testimony and production of | 18 |
| documents. | 19 |
| The Senate of the State of Illinois to: | 20 |
| NAME: _________________________________________ |
|
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| 1 |
| ADDRESS: ___________________________________________ | 2 |
| CITY: ______________________________________________ | 3 |
| YOU ARE COMMANDED to (appear to testify before / deliver | 4 |
| documents or other materials to / appear to testify before and | 5 |
| deliver documents and other materials to) the Senate of the | 6 |
| State of Illinois at the Senate chamber in Springfield, | 7 |
| Sangamon County, Illinois on the __________ day of | 8 |
| __________________, 2009 at the hour of _____________ in the | 9 |
| matter of the impeachment trial of Governor Rod R. Blagojevich | 10 |
| now pending before the Senate. | 11 |
| YOU ARE COMMANDED to bring the following:
| 12 |
| (list documents or other materials) | 13 |
| in your possession or control. | 14 |
| YOUR FAILURE TO RESPOND TO THIS SUBPOENA WILL SUBJECT YOU | 15 |
| TO ARREST AND PUNISHMENT AS PROVIDED BY THE ILLINOIS | 16 |
| CONSTITUTION, THE STATUTES OF ILLINOIS, AND THE RULES OF THE | 17 |
| SENATE. | 18 |
| Witness this ______ day of __________, 2009. | 19 |
| _______________________ Attested: __________________ | 20 |
| President of the Senate Secretary of the Senate |
|
|
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| 1 |
| Form 6. Form of direction for the service of subpoena. | 2 |
| The Senate of the State of Illinois to________________:
| 3 |
| You are hereby commanded to serve and return the within | 4 |
| subpoena according to law.
| 5 |
| Witness this ______ day of __________, 2009. | 6 |
| _______________________ Attested: __________________ | 7 |
| President of the Senate Secretary of the Senate
|
|