Question of the day
Tuesday, May 26, 2026 - Posted by Rich Miller
Currently, judicial records in Illinois are not subject to the state’s Freedom of Information Act. Given the courts’ wide-reaching jurisdiction in Illinois, the exemption substantially restricts the public’s ability to understand a wide range of issues.
Senate Bill 1826 aims to remedy this issue by adding the judicial branch to Illinois’ Freedom of Information Act. This bill would allow greater access to court administration records, NOT case file information.
Without this bill, the public has limited access to:
• How courts spend public funds.
• All organizational/administrative records within the Administrative Office of the Illinois Courts and offices of the chief judges.
• How long court cases take to go through the system.
• Information regarding diversion programs, etc.
* From the synopsis…
Amends the Freedom of Information Act. Includes the judicial body and its components in the definition of “public body”. Defines “public records” when that term is associated with the judicial body and its components. Exempts from inspection and copying (i) records of the judicial body and its components that pertain to the preparation of judicial opinions and orders or judicial work product and (ii) records that are privileged or confidential under the Illinois Code of Judicial Conduct or the Illinois Rules of Professional Conduct. Provides that a person whose request to inspect or copy a public record was denied or treated as a voluminous request by the judicial body and its components may not file a request for review with the Public Access Counselor.
The bill is still in the Assignments Committee. No witness slips have been filed.
* The Question: Should the Illinois court system be subject to FOIA, with the restrictions noted above? Take the poll and then explain your answer in comments, please.
- Friendly Bob Adams - Tuesday, May 26, 26 @ 1:40 pm:
I think the records should be treated like other public records, i.e. generally available with limited exceptions. But I think it would take a lot of discussion to figure out what those exceptions should be for judicial records.
- Lurker - Tuesday, May 26, 26 @ 1:40 pm:
All use of public funds at all levels, should be FOIA-able.
- Demoralized - Tuesday, May 26, 26 @ 1:58 pm:
No. This is ripe for abuse for anyone who has a beef with a particular judge or court.
- @misterjayem - Tuesday, May 26, 26 @ 2:10 pm:
With reservations, I voted yes because additional transparency could buttress the credibility of the judiciary.
– MrJM
- Emanuel Collective - Tuesday, May 26, 26 @ 2:12 pm:
Yes, Illinois is a big outlier in this regard. 44 other states allow judicial spending to be requested. Illinois is one of only 3 states that doesn’t allow probation and pretrial data to be requested. Pretty good rundown here: https://www.civicfed.org/blog/breaking-down-issue-public-access-judicial-branch-data-illinois
- Retired SURS Employee - Tuesday, May 26, 26 @ 2:18 pm:
Can someone explain the actual problem, including examples, that this bill would cure? Or is this a solution in search of a problem?
- DuPage Saint - Tuesday, May 26, 26 @ 2:24 pm:
The Clerk of the Circuit Court is considered part of the judicial branch and is not subject to a FOIA I once had a non court related foia to DuPage and the foia officer told me the Clerk office not subject to FOIA I asked why they had a FOIA officer he said it was to tell people they cannot be FOIA d So ad the clerk to this
- Just Another Anon - Tuesday, May 26, 26 @ 2:26 pm:
We have enough draws on the court’s valuable time and resources as it is. Most judicial records are available just by walking into a courthouse and asking for a printout. Most judicial budgets (at least the County’s part of it) are available from the County in which they are located. All this will do is allow even more idiots to harass even more judges and judicial staff. Let it die in Executive.
I’d also note, that doing so would raise separation of powers issues, with the PAC (of the AG’s executive branch) effectively regulating the Court (of the judicial branch) on interpretation of a statute (FOIA). Too many worms in that can, keep it closed.
- Rich Miller - Tuesday, May 26, 26 @ 2:30 pm:
===We have enough draws on the court’s valuable time and resources as it is===
Yeah. Visit any courthouse on a Friday afternoon. It’s always so busy. /s
- Unionman - Tuesday, May 26, 26 @ 2:32 pm:
I voted yes. However, I think that outside the administrative aspects of the courts which should be subject to FOIA just like any other government body. The actual court documents should be available to the public to access and download from anywhere. Make it the duty of the court to either scan all court records related to cases or require everything to be e-filed. Make the records publicly available for download at no cost or at a nominal cost. There are far too many documents that the courts are handling to have a FOIA officer reviewing the documents for exemptions.
While they are at it, they should include campaigns as non-exempt areas. For too long have elected officials claimed something was campaign related when it clearly crosses into their elected position.
- Annon'in - Tuesday, May 26, 26 @ 2:34 pm:
Hmmmmmm no one is commentin’ on this hot topic. Can’t imagine why