Section Newsletters

Articles on FOIA

Time Is Limited By Nicholas Correll Young Lawyers Division, February 2024 A call to extend the time limit on Freedom of Information Act requests.
FOIA and Personal Devices By Nicholas Correll Government Lawyers, November 2023 Although personal account communications may be considered public records as a threshold matter, they should still be analyzed for applicable Freedom of Information Act exemptions.
Attorney-Client Privilege Under FOIA: A Further Look at Public Access Opinion 22-001 By Lisle A. Stalter Local Government Law, May 2023 Attorney-client communications are exempt from the requirement to provide documents under the Freedom of Information Act. But, in light of the presumptions of openness, not all communications between public bodies and their attorneys are protected by attorney-client privilege.
Protective Orders and FOIA By Robert P. Osgood Government Lawyers, March 2022 An overview of two cases that involve FOIA requests for records under a protective order.
Asserting an Undue Burden Under FOIA: Details Matter By James Webb Government Lawyers, May 2021 A recent decision by the first district appellate court should remind practitioners of the importance of detail when replying to a Freedom of Information Act request they believe is unduly burdensome.
Text Messages and E-mails Sent From a Public Officials’ Personal Account Qualify as Public Records Under FOIA By Misty Cygan & George Bellas Civil Practice and Procedure, September 2020 The appellate court recently affirmed the lower court's order, which found that Chicago's Office of the Mayor and tDepartment of Public Health had failed to perform a reasonable search as required by FOIA because they failed to make inquiries into the personal text messages and e-mails of public officials.
Supreme court determines that nondisclosure orders trump FOIA requests By Michael J. Smoron Local Government Law, March 2019 In In re Appointment of Special Prosecutor, the Illinois Supreme Court analyzed the tension between the goals of the Freedom of Information Act and the cloak of secrecy placed over grand jury proceedings.
FOIA and OMA update: Recent proposed legislation, PAC opinions, and court decisions By Michael T. Jurusik Local Government Law, February 2019 Updates on the Freedom of Information Act and Open Meetings Act.
Personnel Records Review Act exempts a police officer’s disciplinary records from a FOIA request By Yordana Wysocki Local Government Law, September 2018 The appellate court recently clarified that section 8 of the Personnel Records Review Act exempts disciplinary records more than four years old requested under the Freedom of Information Act.
Public body violated FOIA by refusing to disclose records related to a city task force By Robert Lyons Education Law, August 2018 A case summary of City of Danville v. Madigan.
Illinois Appellate Court issues three new FOIA opinions By Tony Fioretti Local Government Law, May 2018 The Illinois Appellate Court recently issued three new opinions interpreting the Freedom of Information Act.
Recent litigation Local Government Law, January 2014 Recent decisions of interest to local government law practitioners.
Who can waive a FOIA exemption from disclosure—A mayor or police superintendent? By Patrick T. Driscoll, Jr. Government Lawyers, January 2014 A summary of the recent case of Michael Dumke v. City of Chicago.

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