Daily Herald opinion: Prosecutors' efforts to circumvent Freedom of Information Act should be nipped in the bud
This editorial is the consensus opinon of the Daily Herald Editorial Board
The Illinois Freedom of Information Act (FOIA) was enacted in 1989 and toughened a decade ago to ensure the public's right to know - at every level of government - what those governments are doing.
That means access to all manner of public records - reports, letters, memos, photos, video and audio recordings, etc.
There are narrowly defined exemptions, of course, including matters related to privacy, contract negotiations and security - and, notably, the possibility that release of certain information would "create a substantial likelihood that a person will be deprived of a fair trial or impartial hearing."
But the spirit of the law sides with the public. It is the governmental bodies that must show why something must not be shared, and they must be specific.
"It is the public policy of the state of Illinois that access by all persons to public records promotes the transparency and accountability of public bodies at all levels of government," the law reads. "It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act."
The Daily Herald has encountered cases in recent months in which the Will County and now the DuPage County state's attorneys, in response to FOIA requests from Daily Herald reporters, have sought a judge's permission to deny us records related to murder investigations.
In Will County the request involved the 1972 cold case rape and murder of Julie Ann Hanson, a 15-year-old from Naperville. Will County State's Attorney Chris Koch argued releasing statements the man accused of her murder made at the time should be withheld from the Daily Herald because our coverage would endanger his right to a fair trial.
Nearly six months ago, we envisioned this gambit being used by others with impunity. Now we're thinking we were right.
The DuPage County State's Attorney's office pulled the same thing last week when it petitioned a judge to deny our FOIA request for police reports, video and other records related to an Elmhurst murder case in which Ronald Dunbar stands accused of killing Karl Bomba outside a bar a year ago. Dunbar is arguing self-defense.
Prosecutors requested that Judge Ann Celine O'Hallaren Walsh bar its release, claiming, as with the Will County case, that pretrial publicity could affect Dunbar's chance for a fair trial.
The prosecutor's petition offers no specifics on how this case specifically would be so affected. And it must.
We view it as a clear attempt to circumvent the FOIA law. What's more, Dunbar's attorney is fine with the release of the information.
While operating in a vacuum might be easier for the state's attorney's office to do its work, it's not fair to the people of DuPage County.
This type of secrecy should not be allowed to become part of the playbook in the criminal court system. The public is counting on the court to do the right thing and OK the release of this information.