Appellate Court rules that prosecutors in Illinois are exempt from FOIA

By WEEK Producer

Appellate Court rules that prosecutors in Illinois are exempt from FOIA

December 20, 2013 Updated Dec 20, 2013 at 3:48 PM CDT

LIVINGSTON COUNTY -- The Fourth District Appellate Court ruled in favor of Livingston County State's Attorney Seth Uphoff on Thursday, saying prosecutors in Illinois are not subject to the Illinois Freedom of Information Act.

The ruling overturned a lower court’s decision that Livingston County State's Attorney Seth Uphoff would be required to release information related to the 2001 murder of a woman at a rest area along Interstate 55.

In 2010, a man filed a FOIA request seeking to obtain all the prosecutor’s materials related to the woman’s murder. These materials included descriptions of the crime and the condition of the victim, as well as crime scene and autopsy photos.

Upon taking office, Uphoff maintained that the evidence would not be turned over. He argued to the appellate court that he and all other State's Attorneys in Illinois are not subject to FOIA.

On Thursday, the court agreed with Uphoff and said that prosecutors cannot be compelled to turn over those materials.

The court’s full opinion can be found on the Illinois Supreme Court’s website at: www.state.il.us/court/Opinions/AppellateCourt/2013/4thDistrict/4130422.pdf

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