Williams v. Bruscato

Illinois Appellate Court
Civil Court
Freedom of Information Act
Citation
Case Number: 
2019 IL App (2d) 170779
Decision Date: 
Monday, May 20, 2019
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
McLAREN

Plaintiff alleged that State's Attorney improperly denied his FOIA requests. Court erred in holding that true bills of indictment are subject to the secrecy requirements of section 112-6 of Code of Civil Procedure and are thus completely exempt under Section 7(1)(a) of FOIA.   The identities of witnesses are "matters occurring before the grant jury" and thus their names are exempt from disclosure and should be redacted. However, exposing the names of those investigated and indicted would not reveal matters occurring before the grand jury. Deliberations and vote of a grand jury are to be kept secret and should not be disclosed. Itinerary sheet for bills of indictment were "matters occurring before the grand jury, as releasing them would reveal the names of potentially innocent persons. (BIRKETT and HUDSON, concurring.)