Economics Project Abstract

AN ANALYSIS OF THE ILLINOIS FREEDOM OF INFORMATION ACT AND PRO SE LITIGATION

Presenter:

Joyce A. Hwu, Illinois Mathematics and Science Academy, 1500 West Sullivan Road, Aurora, IL, 60506; jawho@imsa.edu

Mentor:

Ms. Terry Pastika, Citizen Advocacy Center, P. O. Box 420, Elmhurst, IL, 60126-0420; 630-833-4080; tpastika@citizenadvocacycenter.org

Abstract:

In 1984, Illinois was one of the last states to adopt an open records act. The Freedom of Information Act (FOIA) codifies that if the government is to be of the people, by the people and for the people, then the actions of the government must be open for review. Yet the Act remains one of the weakest in the nation with thirty-three exceptions that enable agencies to withhold records from the public. A study by Associative Press newspapers revealed that only 34% of efforts to obtain information return successfully. Consequently, citizens are exhausting the administrative process as provided in the Act and are forced to either give up the pursuit or enter the court system. In growing numbers, those who go to court are pro se litigants, citizens filing without a lawyer's assistance. However, "when the untrained come to court by themselves expecting justice they often encounter a befuddling, unyielding phalanx of procedures and rules" (ABA Journal, 2001). The legal community must adjust to meet the needs of the people. To this end, I have worked with the Citizen Advocacy Center to compile an instructional packet that outlines the preliminary steps in writing and filing a FOIA complaint.