IPA applauds search warrant bill, cameras in court

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Updated: March 3, 2012 8:14AM

The Illinois Press Association is heralding two steps aimed at more open government — making search warrants accessible to the public and allowing cameras in courtrooms.

State Rep. Michael Zalewski (D-Riverside) has filed legislation, House Bill 4032, to codify Attorney General Lisa Madigan’s opinion that search warrants are considered public records once they are returned to the court.

“The ability of the public to view the judicial process is among our most basic rights and provides an important check and balance,” said Zalewski, a former prosecutor in the Cook County State’s Attorney’s Office. “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.”

Zalewski’s legislation is in response to recent rulings by some Illinois courts that the public has no right of access to search warrant documents. The bill does not seek to alter a judge’s ability to seal search warrant returns or any other documents in a court file.

In her 2007 opinion, Madigan stated that search warrants are “open to public inspection unless the court enters an order specifically providing otherwise.”

The opinion adds 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.”

“Search warrants have long been public documents in Illinois as supported by current state statute and the attorney general,” explained Josh Sharp, director of government relations for the Illinois Press Association. “I applaud Representative Zalewski’s effort to secure transparency and openness in the judiciary and to clarify that unless sealed by a judge, search warrants remain open to public inspection.”

“The Attorney General’s opinion speaks for itself,” Sharp added. “It is unfortunate legislation even has to be introduced to respond to a gross misinterpretation of the law.

“The Cook County court system is the largest in the world, and it’s a legal system where search warrants and their accompanying documents are routinely made available to the public. The attorney general would not have issued the opinion that she did if transparency was going to interfere with justice in a legal system as vast as Cook County’s.”

The Illinois Press Association in Springfield represents the interests of 480 daily and weekly newspaper members.

The Press Association is also heralding the Illinois Supreme Court announcement allowing video and still cameras in some trial court proceedings. The announcement, made by Chief Justice Thomas Kilbride, is seen as a move that will allow more openness and transparency in the judicial branch of government, according to the Press Association.

“Allowance for cameras in all courtrooms is something that the Illinois Press Association has been seeking for many years,” said Dennis DeRossett, the group’s executive director. “Illinois already allows cameras at the Appellate and Supreme Court level.

“So, it only makes sense that trial courts be included.”

The policy announced is a pilot program subject to review. It is up to the chief judge in each of the 23 circuits to decide whether to implement the program. The policy will allow for up to two video cameras and two still cameras in a courtroom at the same time. Cameras would not be allowed in juvenile, divorce, adoption, child custody and evidence suppression cases. Victims of violent crimes, police informants and relocated witnesses also could request that they not be photographed, according to the policy.

DeRossett said, “We applaud Justice Kilbride and the Illinois Supreme Court for taking this step toward greater transparency. We are especially encouraged by comments that Justice Kilbride made to a reporter about how the public eye acts as ‘a check in the balance of power.’”

DeRossett added that greater openness and transparency is the philosophy behind the legislation that would clarify the availability of search warrants, as well as legislation to relax the state’s eavesdropping law to allow the videotaping of law enforcement officers as they perform their public duty.