On the first day of the 96th General Assembly (Jan. 14, 2009) the Illinois Senate adopted formal rules and a trial schedule for the impeachment trial of Governor Rod R. Blagojevich – the first Governor in Illinois History to be impeached.

Senate Impeachment Rules
Although it is not a criminal trial, the Illinois Senate adopted impeachment rules which follow legal guidelines.

The Illinois Constitution lays out two decisions that Senators must vote on at the conclusion of the trial: 1) Should the Governor be removed from office?; and 2) Should the Governor be banned from holding future offices?

Key provisions of the impeachment rules include:

As required by the Illinois Constitution, the Chief Justice of the Illinois Supreme Court (Thomas Fitzgerald) presides over the trial;

Although the Chief Justice presides, the Senate President retains a number of powers, including the ability to schedule the Senate and to carry out duties needed to conduct and manage the trial, including the subpoena power;

The case is prosecuted by the House, with the legal counsel to the House Special Investigative Committee serving as the prosecutor;

No deadline is set for the conclusion of the trial. Instead, the rules state that the Senate "shall continue in session from day to day (Sundays excepted and unless otherwise ordered by the President) with the trial until final judgment is rendered, and so much longer as may, in the President's judgment, be needful.";

The Senate has authority similar to other courts to compel witnesses to testify or produce documents, including the authority to order the arrest of persons who refuse to comply. However no one could be held after the trial concludes;

The Senate made an exception for persons or documents that the U.S. Attorney has indicated could compromise the ongoing criminal investigation of Governor Blagojevich;

Formal rules of evidence do not apply. Instead, evidence "may be admitted if it is relevant, material and not redundant." Both the House Prosecutor and the Governor's legal counsel may object to any evidence;

If there is an objection, the Chief Justice will rule on the objection, however, a majority of Senators can overrule the Chief Justice;

Senators are expected to attend each day of the trial unless granted an excuse by either the Senate President or the Senate Minority Leader;

Senators are not to discuss the case with members of the Illinois House, the House Prosecutor, the Governor, or the Governor's counsel or staff.

Senators may make public statements regarding their official duties or to explain the procedures of the trial, but are not to discuss substantive matters, such as the credibility of evidence or testimony and how they or others might vote;

All motions by either the defense or the prosecution are made to the Chief Justice. Motions regarding the procedures, the articles of impeachment, or the impeachment trial are to be decided by a majority vote of the Senate;

Senators may question witnesses, but the questions must be in writing and will be read by the Chief Justice;

The trial will be open to the public, except that Senators may, by a two-thirds (40 Senators) vote, decide to go into closed session for deliberations;

The Senate is to first vote on removing the Governor from office. If two-thirds of the Senate votes to remove the Governor from office, then the Senate will also vote on banning the Governor from holding future office. That vote will also require a two-thirds majority.

Impeachment Schedule
The tentative schedule for the impeachment trial of Governor Rod R. Blagojevich is:

Wednesday, Jan. 14, 2009
Issuance of summons to Governor Blagojevich;

Saturday, Jan. 17, 2009, 12 noon
Deadline for Governor to file his appearance and answer to article of impeachment;

Tuesday, Jan. 20, 2009, 4 p.m.
Deadline for Governor to file motion to dismiss (Senate Impeachment Rule 14);
Deadline for House Prosecutor to file reply to Governor’s answer to article of impeachment;

Wednesday, Jan. 21, 2009, 4 p.m.
Deadline for all parties to file requests for subpoenas and admission of evidence (Senate Impeachment Rule 15);

Friday, Jan. 23, 2009, 4 p.m.
Deadline for House prosecutor to file response to any motion to dismiss (Senate Impeachment Rule 14);

Saturday, Jan. 24, 2009, 10 a.m.
Deadline to file responses to requests for subpoenas and admission of evidence (Senate Impeachment Rule 15);

Monday, Jan. 26, 2009,
Trial is scheduled to begin at 12 noon and to follow the schedule below through to the conclusion of the trial:

• Senate convenes as an impeachment tribunal;
• Argument by Governor on any motion to dismiss;
• Argument by House Prosecutor on any motion to dismiss;
• Rebuttal argument by Governor on motion to dismiss;
• Senators’ questions concerning any motion to dismiss;
• Senate vote on any motion to dismiss;
• Argument by House Prosecutor on any requests for subpoenas and admission of evidence;
• Argument by Governor on any requests for subpoenas and admission of evidence;
  Rebuttal argument by House Prosecutor and then by Governor on their respective requests for subpoenas and admission of evidence;
• Senators’ questions concerning any requests for subpoenas and admission of evidence;
  Senators’ vote on any requests for subpoenas and admission of evidence;
• House Prosecutor’s opening statement (30 minutes);
• Governor’s opening statement (30 minutes);
  Presentation of prosecution by House Prosecutor;
• Presentation of defense by Governor;
• Presentation of rebuttal by House Prosecutor;
  Closing argument by House Prosecutor (60 minutes);
• Closing argument by Governor (90 minutes);
• Closing rebuttal argument by House Prosecutor (30 minutes);
• Senate vote on article of impeachment.