Nelson v. County of Kendall

Nelson, on behalf of media companies, submitted a request to Kendall County under the Freedom of Information Act (FOIA), 5 ILCS 140/1, to copy all emails sent and received by two assistant states’ attorneys in January 2010, via county email. The county advised him to submit his request to the state’s attorney’s office. Nelson demanded that the county comply within 5 days of the original request. The county asserted a need for consultation that precluded meeting the deadline. Nelson requested review by the Public Access Counselor, Office of the Attorney General, under 5 ILCS 140/9.5. That office declined to act because the state’s attorney’s office had responded; although some information was denied as exempt, the state’s attorney had received approval for that decision and Nelson had not asked for review. Nelson filed suit and filed another FOIA request, excluding emails that were limited to discussions: with law enforcement personnel concerning pending cases; with defense counsel in pending cases; or with county board members or elected county officials. The circuit court dismissed, holding that the judicial branch is beyond the reach of the FOIA. The appellate court affirmed. The Illinois Supreme Court reversed. Case law consistently recognizes that the state’s attorney’s office is part of the executive branch, which is subject to FOIA. View "Nelson v. County of Kendall" on Justia Law