Nelson v. Kendall County
2014 IL 116303
Ill.2014Background
- Nelson sought FOIA records from Kendall County via the State's Attorney's office for emails of two assistant State’s Attorneys in Jan 2010.
- Kendall County referred the request to the State's Attorney's office, stating it would handle the records.
- Nelson challenged the handling, asserting county records policies were violated and seeking disclosure with fees waived.
- The State's Attorney's office denied the FOIA request in 2010–2012, claiming SAOs are part of the judicial branch and thus outside FOIA.
- Nelson and others filed 10-MR-143 seeking to compel disclosure; the State's Attorney intervened, arguing FOIA immunity; Kendall County challenged the premise that SAOs are outside FOIA.
- The circuit court dismissed; the appellate court affirmed dismissal; the Supreme Court granted review to resolve whether SAOs are subject to FOIA and whether the action was moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s Attorney’s office is a “public body” under FOIA. | SAO is executive, an agency with FOIA duties. | SAO is part of judicial branch and outside FOIA. | SAO is a public body under FOIA. |
| Whether SAO’s inclusion in the judicial article alters FOIA reach. | Public records must be accessible; SAO previously acknowledged FOIA obligations. | Judicial article placement excludes FOA from SAO. | SAO remains subject to FOIA despite constitutional placement. |
| Whether reliance on later legislation (Public Act 96-900) changes SAO status. | Act 96-900 reclassifies appellate prosecutors, implying broader judicial reach. | Act 96-900 pertains only to appellate prosecutors, not SAO. | Act 96-900 has no bearing on SAO FOIA status. |
Key Cases Cited
- People ex rel. Daley v. Suria, 112 Ill. 2d 26 (Ill. 1986) (recognizes executive branch status of State’s Attorneys)
- People ex rel. Madigan v. Snyder, 208 Ill. 2d 457 (Ill. 2004) (discusses executive branch/public body status of SAOs)
- Ingemunson v. Hedges, 133 Ill. 2d 364 (Ill. 1990) (treats SAOs as executive, not judicial, entities)
- Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 (Ill. 2013) (statutory construction and public body interpretation)