Appeals Court Ends 'Pay-to-Play' FOIA Dismissal in Madison County Public Corruption Case

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The Illinois Appellate Court, Fifth District, has revived Kotomi Dorman's Freedom of Information Act lawsuit against Madison County officials and struck down a trial-court order that required her to pay for a special master before her case could proceed. The appellate court ruled that the dismissal of Dorman's complaint based on her failure to comply with the pay-to-proceed requirement was improper.

Why it matters

This case highlights concerns about public agencies using financial barriers to effectively deny citizens' access to public records under FOIA. The appellate court's decision reaffirms that FOIA review is the court's responsibility and cannot be delegated to a paid special master, nor can the costs be shifted to the requester.

The details

Dorman's lawsuit seeks records the Madison County Board cited when terminating her husband, former IT Director Rob Dorman, as well as politically related communications from the State's Attorney's office that she alleges were tied to political campaigning and fundraising. The circuit court had dismissed all counts without reaching the merits after imposing the pay-to-proceed requirement, which Dorman characterized as a 'black hole' that could have exceeded $1 million in review costs.

• The Illinois Appellate Court, Fifth District, issued its order on February 10, 2026.
• The circuit court had dismissed Dorman's complaint on September 14, 2023.

What’s next

The case has been remanded back to the circuit court to reinstate Kotomi Dorman's FOIA lawsuit and proceed with a review of the merits without requiring her to pay for a special master.