SPRINGFIELD - Attorney General Lisa Madigan may not defend the governor in a lawsuit over public access to records because she has publicly said the governor's position is wrong, a judge ruled.

Sangamon County Circuit Judge Patrick Kelley said Friday Madigan has a conflict in defending Gov. Rod Blagojevich against a lawsuit seeking copies of federal subpoenas the administration has received. He appointed a former Blagojevich lawyer to take her place.

Madigan's chief deputy said the office might appeal because the ruling could let state agencies dump the attorney general as their lawyer if they disagree with the office in future lawsuits.

A public watchdog group sued Blagojevich for refusing to release copies of subpoenas received from federal prosecutors investigating hiring fraud in state jobs and possibly other matters.

The attorney general is the state's chief legal officer and represents state officials in lawsuits.

But before suing, the Better Government Association asked Madigan's public access counselor, Terry Mutchler, for help. Mutchler researched the matter and told Blagojevich's office in October that the subpoenas are public records and should be released. The letter became public and was widely reported.

"The release of this letter created an irreconcilable conflict," said Springfield lawyer Thomas Londrigan, whom Kelley appointed in Madigan's place. "What's been done here is unprecedented in the history of the attorney general's office and the history of jurisprudence."

Assistant Attorney General Karen McNaught argued that her litigation division is separate from the public access counselor and she's not obligated to follow Mutchler's opinion.

"The attorney general can take two opposing sides to any issue," McNaught said.

But Kelley decided Madigan could have a personal interest in seeing that her office's original opinion is upheld, which could affect how she represents the governor. The judge delayed action for a week to allow the attorney general time to decide whether to appeal.

Howard Feldman, a lawyer for the BGA, said he'd like the issue decided quickly to move the case along.