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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1525   View pdf image (33K)
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[Dec. 1] DEBATES 1525

ticket with the governor and the attorney
general, committed to a common program
of effective action against crime and law-
lessness.

It seems to me that if we are going to
have effective state's attorneys, they need
to be, they desperately need to be integrated
in the total governmental and political
framework.

I am not afraid of politics. It seems to
me that politics is the way in which we
achieve the objectives we want in a civil
society. If we are going to elect state's at-
torneys, let's elect them in an open and
above-board process. Let's not have a situa-
tion in which we are trying to put together
a program in a county to fight crime, and
we go to a man who wants to run for
state's attorney and say to him, "John, I
cannot do that, you know I am a non-
partisan official and I certainly would not
jeopardize my chances of election by join-
ing any other candidates."

I would like to see us defeat this amend-
ment, Mr. Chairman, because in spite of
the pleasant air that surrounds it, it seems
to me that basically it is unsound as a
method of meeting the problem.

THE CHAIRMAN: Any other delegate
desire to speak in favor?

Delegate Schneider.

DELEGATE SCHNEIDER: Mr. Chair-
man, I speak in favor of this. I submit that
at least around election time, to have a
partisan election of state's attorneys often
is a conflict of interest.

It seems to me that quite often around
election time, and we have had this in our
county, you have allegations arise and
quite often these allegations concern mem-
bers of a particular slate or particular
party.

How does it work out if we have a state's
attorney running on that ticket? How is
he going to prosecute the member of that
ticket without cutting his own throat?

You put him in a very bad position there.
You find you have a situation of allegations
which should be investigated and perhaps
lead to prosecution, and rather what turns
out is that you have the state's attorney
issuing press releases calling allegations
such as these hogwash. This is the situation
we have had in the past in our county.

I think the further we can take our
state's attorneys from politics, the better

chance we are going to have at least of
cleaning up the political scene in the State.

THE CHAIRMAN: Any other delegate
desire to speak in opposition?

Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
all these arguments that are being made
here sound as if we were a legislative body
rather than a Convention to draft a con-
stitution.

With regard to the circuit court judges
today, the requirement of cross filing and
running without party designation, are not
in the constitution. That is a legislative
requirement. Why put a requirement like
this in the constitution for a state's at-
torney and leave the judges to the state
legislature?

It seems to me that this ought to be a
legislative matter, and decided by the legis-
lature, not be decided by this Convention.
I hope the amendment is defeated.

THE CHAIRMAN: Delegate Bennett.

DELEGATE BENNETT: May I ask
Chairman Morgan a question?

THE CHAIRMAN: Delegate Morgan,
do you yield for a question?

DELEGATE MORGAN: Yes.
THE CHAIRMAN : Delegate Bennett.

DELEGATE BENNETT: Knowing,
Chairman Morgan, as you do, of my in-
terest in bringing the state's attorneys
under some sort of supervision, from some
central office, and also providing them with
aid and help, is there any possibility that
when you bring in your article defining the
powers and duties of the attorney general,
this point will be covered?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Delegate Ben-
nett, I think an answer to that question
would be premature at this time.

THE CHAIRMAN: Delegate Bennett,
do you desire to speak in favor of the
amendment?

DELEGATE BENNETT: Yes, sir, I do.
THE CHAIRMAN: You may proceed.

DELEGATE BENNETT: I would like
to commend my friend Royce Hanson for
the great deal of literature dealing with
the crime problem, whether it be in New
York City, or Cook County, Illinois, the



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1525   View pdf image (33K)
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