House counsel to prosecute impeachment trial
SPRINGFIELD - The Illinois House lawyer who drafted the 61-page report detailing the impeachable offenses committed by Gov. Rod Blagojevich will prosecute the governor in a trial before the Illinois Senate later this month.
David Ellis, an attorney in the office of House Speaker Michael Madigan, served as counsel to the Special Investigative Committee that looked into allegations Blagojevich abused the power of his office.
Ellis said Tuesday it will be a "solemn honor" to prosecute the governor.
"You don't impeach a governor lightly. You don't do it for frivolous reasons," he said.
New lawmakers are sworn in today. That move requires the Illinois House to vote again on impeaching the governor, something members are expected to do shortly after the swearing-in ceremony.
Meanwhile, in the Senate, members will vote to adopt the impeachment rules and both Ellis and Illinois Supreme Court Chief Justice Thomas R. Fitzgerald, who will preside over the trial, are expected to be in the chamber.
Blagojevich also will be served an impeachment summons today.
The Senate impeachment trial will more closely resemble a criminal trial than the House committee hearings, Ellis said. But the proposed trial rules emphasize that "formal rules of evidence used in Illinois and federal courts do not apply to trials of impeachment before the Senate."
During the trial, senators may serve as both jury and judge. Fitzgerald will preside, but his rulings can be overturned by a majority vote of the Senate.
Senators will take an oath to "do justice according to law," but unlike a criminal trial, senators do not have to base their decision on any specific standard, such as "beyond a reasonable doubt."
"It will be up to each individual senator to decide if I've made my case," Ellis said.
The impeachment trial is scheduled to begin Jan. 26 and is expected to last into early February. If at least 40 out of 59 senators vote to convict the governor, he will be immediately removed from office.
Ellis, 41, worked in private practice until he joined the House staff in 2006. He is a graduate of Northwestern University School of Law.
Ellis is also a novelist and has written five courtroom thrillers. His 2002 book, "Line of Vision," won the Edgar Award for "Best First Novel" from the Mystery Writers of America.
He said Tuesday that the Blagojevich tale has so many odd twists, "I'm not sure if anyone would believe it if I put it in a book."