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