Attorney Timothy Wright also tells the Chicago Tribune he plans to go to court if the Senate refuses to seat Roland Burris.

Blagojevich's action has draw criticism because he faces corruption charges that accuse him of trying to profit from the appointment. He denies that.

Wright's letter was dated Friday.

Senate Majority Leader Harry Reid of Nevada has said that anyone picked by Blagojevich will be turned away.

Burris also has asked the Illinois Supreme Court to force Secretary of State Jesse White to certify the appointment.