Illinois Education Ass'n v. Illinois State Board of Education, 204 Ill. 2d 456

791 N.E.2d 522 (2003) · Supreme Court of Illinois · May 22, 2003 · No. 93347

Summary

The Illinois Supreme Court considers whether the Freedom of Information Act requires the Illinois State Board of Education to disclose materials submitted to the Illinois Attorney General in connection with a request for a formal opinion. The court holds that the attorney-client exemption may apply to such materials, but the public body must establish a reasonable expectation of confidentiality and provide objective, document-specific support for the exemption. The court reverses the lower courts and remands for in camera review and possible redaction.

Holdings

  1. The attorney-client exemption in section 7(1)(n) may apply to materials submitted by a public body when requesting an Attorney General opinion, but only to material for which a reasonable expectation of confidentiality exists.
  2. A public body seeking to withhold records under section 7(1)(n) must provide a detailed justification supported by objective indicia showing that the exemption applies; conclusory affidavits and assertions that documents are privileged or contain legal advice are insufficient.
  3. Summary judgment for the Board was improper because its affidavits were conclusory and the circuit court neither conducted an in camera review nor determined that review was unnecessary. On remand, the court must conduct an in camera review, apply the exemption narrowly, and redact only properly privileged portions before disclosing the remainder.

Questions Presented

  1. Whether materials submitted by a public body to the Attorney General in requesting an Attorney General opinion may fall within the FOIA attorney-client exemption in 5 ILCS 140/7(1)(n).
  2. Whether the Board established that the Attorney General was representing the Board for purposes of section 7(1)(n).
  3. Whether the Board established a reasonable expectation of confidentiality and provided the detailed, objective justification necessary to withhold the requested material.
  4. Whether summary judgment for the Board was proper without an in camera examination of the requested material.

Disposition

reversed_and_remanded

Cases Cited (20)

  • Travelers Insurance Co. v. Eljer Manufacturing, Inc., 197 Ill. 2d 278 (2001)(followed)
  • Lieber v. Board of Trustees of Southern Illinois University, 176 Ill. 2d 401 (1997)(followed)
  • American Federation of State, County & Municipal Employees v. County of Cook, 136 Ill. 2d 334 (1990)(followed)
  • Bowie v. Evanston Community Consolidated School District No. 65, 128 Ill. 2d 373 (1989)(followed)
  • Carter v. Meek, 322 Ill. App. 3d 266 (2001)(followed)
  • Baudin v. City of Crystal Lake, 192 Ill. App. 3d 530 (1989)(followed)
  • Cooper v. Department of the Lottery, 266 Ill. App. 3d 1007 (1994)(followed)
  • Carbondale Convention Center, Inc. v. City of Carbondale, 245 Ill. App. 3d 474 (1993)(followed)
  • Williams v. Klincar, 237 Ill. App. 3d 569 (1992)(followed)
  • Environmental Protection Agency v. Pollution Control Board, 69 Ill. 2d 394 (1977)(followed)

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