Legislation seeks to resolve whether search warrants are public records

By EDITH BRADY-LUNNY - Lee News Service Writer Posted

SPRINGFIELD - A bill introduced in the Illinois House could resolve a conflict between the courts and Illinois Attorney General Lisa Madigan over whether search warrants are considered public records once they are returned to the court.

State Rep. Michael Zalewski filed legislation to codify Madigan's 2007 opinion that search warrants are "open to public inspection unless the court enters an order specifically providing otherwise." A circuit clerk does not have authority to unilaterally seal or impound files containing complaints for search warrants, associated affidavits and the search warrants themselves, Madigan said in her decision.