Taliani v. Herrmann
956 N.E.2d 550
Ill. App. Ct.2011Background
- Taliani, serving long sentences for murder and aggravated battery, sought grand jury transcripts from Herrmann under FOIA (2007).
- Herrmann denied disclosure, citing grand jury secrecy and 725 ILCS 5/112-6 as the basis for nondisclosure.
- Taliani sued under FOIA seeking the transcripts; Herrmann moved to dismiss, arguing the Code controlled disclosure.
- The trial court ordered disclosure and later awarded Taliani attorney fees; Herrmann appealed.
- Taliani petitioned for fees (including fees on fees); the court reduced hours and rate but awarded fees; Herrmann challenged the award.
- This Illinois Appellate Court decision reverses and vacates the attorney-fees award, holding FOIA is not the proper vehicle for obtaining grand jury transcripts under 112-6.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is FOIA the proper vehicle to obtain grand jury transcripts? | Taliani argued FOIA requires disclosure. | Herrmann argued disclosure is governed by the Code. | FOIA is not proper; disclosure governed by 112-6. |
| Are attorney fees recoverable under FOIA for obtaining the transcripts? | Taliani should recover fees. | Fees do not apply when the Code governs disclosure. | Not entitled to FOIA attorney fees; fee award reversed. |
| Should FOIA allow fees on fees in this context? | Fees on fees should be permitted. | Not necessary to decide given other holdings; controversy moot. | Moot because attorney-fees award reversed on substantive issue. |
Key Cases Cited
- People v. Di Vincenzo, 183 Ill.2d 239 (1998) (grand jury secrecy and disclosure limits under Code)
- People v. Sampson, 406 Ill.App.3d 1054 (2011) (interpretation of grand jury disclosure constraints)
- Illinois Education Ass'n v. Illinois State Board of Education, 204 Ill.2d 456 (2003) (FOIA denial notice requirements and exemptions)
- Callinan v. Prisoner Review Bd., 371 Ill.App.3d 272 (2007) (attorney-fees considerations in public-records actions)
- Renken v. Northern Illinois Water Co., 191 Ill.App.3d 744 (1989) (factors for determining reasonable attorney fees)