For the study, reporters went to all 102 Illinois counties, asking for public records in the jail, county clerk and clerk's office of the largest city and superintendent's office of the largest school district. More than one-forth of the time, in 167 instances, the records weren't forthcoming even after formal Freedom of Information requests were made. Currie and other lawmakers say the study is disturbing. People should know who is in their local jail. If they are trying to find one of their relatives or trying to find information as to who is behind bars, they should be able to have that.
State law provides no fines or jail time for violators.
Those who don't get public records they ask for may file a lawsuit, but that can be costly and time-consuming, with no assurance a judge will require that attorney costs be paid by the official or agency on the losing side. Currie said one solution might be to remove the discretion the court has in deciding whether a person who wins a public record case should recover attorney fees and court costs. But lawmakers suggest the best way to improve adherence to the law is to redouble the effort to educate officials about it and ensure groups such as the Illinois Sheriffs Association and Illinois Municipal League are involved. Rep. Mike Smith, D-Canton, couldn't recall many instances where constituents have complained to him that the Freedom of Information Act had fallen short. However, he said requiring training on open record compliance would be helpful to clerks and the public.