Madison County Clerk of the Circuit Court - Freedom of Information Act Disclosure

 

The Clerk of the Circuit Court is not subject to the Illinois Freedom of Information Act 5 ILCS 140/1 et. seq.. Under section 140/2 “Definitions”, the statute excludes the Judicial Branch of government from coverage under the FOIA.  The Clerk of the Circuit Court is a “non-judicial officer of the judiciary” and is therefore a member of the Judicial Branch of State Government.  This exclusion has been confirmed by judicial decisions and opinions by the Illinois Attorney General. The records and files of the Court are public records and are open to the public.  Exceptions would be Juvenile records, Adoption records, and records that are impounded or sealed by statute or court order.