The Illinois Appellate Court ruled that a circuit court exceeded its authority by dismissing a Freedom of Information Act (“FOIA”) lawsuit for the requester’s failure to pay for the services of a special master. The requester submitted several FOIA requests to multiple Madison County officials, including one that generated roughly 69,000 potentially responsive pages. Instead of conducting its own in‑camera review or ensuring the county followed FOIA’s required steps (such as conferring with the requester before claiming an unduly burdensome exemption), the circuit court appointed a private attorney as a special master to review the records and ordered the requester to pay a $3000 retainer fee and $300/hour for the review. When the requester did not pay, the court dismissed the case.
Upon review, the appellate court ruled that the circuit court exceeded its authority because FOIA assigns in camera review to the judge alone and contains no provision allowing courts to shift review costs to requesters. Because the dismissal was based in part on the requester’s failure to comply with this unauthorized order, the appellate court vacated the dismissal and remanded the case for proper FOIA proceedings.
This case reinforces that FOIA requesters cannot be pushed out of the process through cost shifting or judicial shortcuts that undermine the statute’s protections. By holding that courts cannot delegate in camera review to a paid special master or require a requester to fund that review, the appellate court reaffirmed that FOIA is designed to lower barriers to public access. It also underscores that public bodies must follow FOIA’s procedural safeguards, including the mandatory duty to confer before claiming an unduly burdensome exemption.
Contact any of our corporate practice group attorneys with your FOIA inquiries.
Source: Dorman v. Madison County Board, 2026 IL App (5th) 241354-U
