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A dispute between media outlets and the court system over public access to search warrants prompted a local lawmaker to clarify the issue.
State Rep. Michael Zalewski, D-21st District, of Chicago introduced legislation Jan. 27 to codify an opinion by Attorney General Lisa Madigan. In 2007, Madigan said that search warrants are “open to public inspection unless the court enters an order specifically providing otherwise.” She further stated that “there is no statutory or other authority for a circuit clerk to unilaterally seal or impound files containing complaints for search warrants, associated affidavits and the search warrants themselves.”
Several newspapers filed a lawsuit seeking access to the search warrants issued in a case involving the 2009 murders the members of one family. The State Journal-Register, our sister publication in Springfield, was among the plaintiffs. But the 4th District Appellate Court in December 2010 upheld a Logan County judge’s decision to deny public access to these documents.
The Illinois Press Association, which represents about 480 daily and weekly newspapers throughout the state, applauded Zalewski’s move to ensure search warrants remain public records. Search warrants would be open to the public once they are returned to the court under House Bill 4032 unless a judge found it necessary to seal a particular document.
“The ability of the public to view the judicial process is among our most basic rights and provides an important check and balance,” Zalewski, a former prosecutor in the Cook County State’s Attorney’s Office, said in an IPA news release. “We shouldn’t have a secret judicial system in Illinois. If circumstances dictate, a judge can use his discretion to seal a record, but there is no reason why search warrants should be routinely kept off-limits from the public.”
We commend Zalewski, whose district covers a portion of the western suburbs, for his efforts to ensure transparency in our government. The General Assembly should approve this measure and pass it along to Gov. Pat Quinn for his signature.
A dispute between media outlets and the court system over public access to search warrants prompted a local lawmaker to clarify the issue.
State Rep. Michael Zalewski, D-21st District, of Chicago introduced legislation Jan. 27 to codify an opinion by Attorney General Lisa Madigan. In 2007, Madigan said that search warrants are “open to public inspection unless the court enters an order specifically providing otherwise.” She further stated that “there is no statutory or other authority for a circuit clerk to unilaterally seal or impound files containing complaints for search warrants, associated affidavits and the search warrants themselves.”
Several newspapers filed a lawsuit seeking access to the search warrants issued in a case involving the 2009 murders the members of one family. The State Journal-Register, our sister publication in Springfield, was among the plaintiffs. But the 4th District Appellate Court in December 2010 upheld a Logan County judge’s decision to deny public access to these documents.
The Illinois Press Association, which represents about 480 daily and weekly newspapers throughout the state, applauded Zalewski’s move to ensure search warrants remain public records. Search warrants would be open to the public once they are returned to the court under House Bill 4032 unless a judge found it necessary to seal a particular document.
“The ability of the public to view the judicial process is among our most basic rights and provides an important check and balance,” Zalewski, a former prosecutor in the Cook County State’s Attorney’s Office, said in an IPA news release. “We shouldn’t have a secret judicial system in Illinois. If circumstances dictate, a judge can use his discretion to seal a record, but there is no reason why search warrants should be routinely kept off-limits from the public.”
We commend Zalewski, whose district covers a portion of the western suburbs, for his efforts to ensure transparency in our government. The General Assembly should approve this measure and pass it along to Gov. Pat Quinn for his signature.
