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April 16, 2024

Frank Mautino’s Attorney abruptly cancels FOIA Hearing in Edgar County Circuit Court

By John Kraft & Kirk Allen

On November 28, 2017


Prosecuting a Freedom of Information Act lawsuit has never been an easy task, and actions like those of Illinois Auditor General Frank Mautino’s attorney are making it more difficult.

The Illinois Freedom of Information Act permits FOIA lawsuits against State Agencies to be prosecuted in the county of residence of the FOIA requester, or in the county of the state agency’s main office. It is the FOIA requester’s choice of venue.

There was a Hearing scheduled in Edgar County Circuit Court for 20 November 2017, in order to continue an FOIA suit filed against Mautino by ECWd’s Kirk Allen. The suit was filed pro se in May of 2016.

Mr. Allen has, since then, turned the file over to an attorney to prosecute since he was unsuccessful at getting any responses from Mautino’s attorney even after numerous attempts.

The hearing was scheduled, and a few days prior to the scheduled hearing, Mautino’s attorney unilaterally canceled it. No only did they cancel the hearing, they didn’t reschedule it, and has not filed a Response Brief.

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  • J. Madison
    Posted at 10:03h, 28 November

    Wonder why? Sufficient notice for a hearing or trial date. Sure was. Mautino and his legal team playing games. Hasn’t this matter gone on long enough? I guess our not no credible Auditor General is not a believer in FOIA and he is the state’s watch dog. What a joke..Just wait until a new US attorney is appointed. Best of luck, then, Mr Mautino.

  • NiteCat
    Posted at 10:15h, 28 November

    OK, color me dumb, but how does a defending attorney get to cancel a scheduled hearing in Circuit Court instead of asking for a continuance? Or is this just another IL “quirk”?

    • Kirk Allen
      Posted at 10:26h, 28 November

      That is the million dollar question. I believe sanctions are in order!

  • NiteCat
    Posted at 10:37h, 28 November

    All right then, let’s keep this line of questioning going…was there a Juge involved in any of this or was it more like the attorney just deciding “I don’t want to play so I’m taking my ball home”? And going further down the rabbit hole, if a Judge did allow this, how are you going to get someone to sanction either of them for abusing the Law and Court? Please don’t say Little Lisa’s office…LOL.

    • Kirk Allen
      Posted at 10:50h, 28 November

      We are having our attorney’s get to the bottom of this. They don’t know how this happened or if the Judge green lighted it.

  • Danni Smith
    Posted at 11:12h, 28 November

    George Washington solved the problem with traitors, ‘tout de suite’. No lawyers, or judges, or FOIA’s, no delays, no continuing the behavior that got them one bullet. Very efficient. And people like mautino are escalating the people’s response to the elite’s criminal theft from us, the mere, little, powerless taxpayer. The judge is either part of the corruption or is dealing with an I.Q. deficiency-I go for the former.

    • Kirk Allen
      Posted at 11:32h, 28 November

      I suspect the Judge had no clue that the Plaintiff counsel was not notified. I am betting they just told the clerk they have to cancel for some BS reason and presto, cancelled.