MADISON COUNTY, Ill. —
The Illinois Appellate Court, Fifth District, has revived Kotomi Dorman’s Freedom of Information Act lawsuit and struck down a trial-court order that required her to pay for a special master before her case could proceed.
In a Feb. 10, 2026, order, the court reversed and remanded, holding that the circuit court “abused its discretion” by appointing a special master and requiring Dorman to pay a $3,000 retainer. The appellate court ruled that dismissal of her complaint based on failure to comply with that order was improper.
Dorman’s lawsuit seeks records the Madison County Board cited when terminating her husband, former IT Director Rob Dorman, and politically related communications from the State’s Attorney office she alleges were tied to political campaigning and fundraising guised as government activity. The circuit court had dismissed all counts without reaching the merits after imposing the pay-to-proceed requirement.
In the circuit court, the State’s Attorney told the judge that her request produced 2,500 emails, 1,476 “potentially responsive” records, and “over 69,000 pages,” and asserted the pages contained “confidential personal information.” The circuit court then appointed a special master and ordered him be “privately compensated by the Plaintiff for services rendered at the maximum hourly rate of $300.00 per hour with the amount of $3000.00 to be paid *** as retainer prior to the start of services.”
At $300 per hour, a full review of 69,000 pages even at a mid-range pace of 50 pages per hour, review approaches $414,000. At more conservative speeds in privilege and privacy review, the total could have exceeded $1 million. Dorman has characterized that requirement as a “black hole,” because once a court makes access contingent on funding a paid review of the government’s own records, the citizen’s FOIA rights become effectively meaningless.
The appellate court held that FOIA assigns in camera review to the court itself and does not authorize delegating that function to a paid special master or shifting costs to the requester. “Courts have no power to delegate judicial functions unless clearly authorized by law,” the panel wrote, vacating the September 14, 2023, order.
As a result, the court directed the circuit court to reinstate the case and proceed under FOIA without requiring Dorman to bear unauthorized costs.
The decision does not yet determine what records must be disclosed. It returns the case to the trial court for merits review, where the public bodies must justify any claimed exemptions under FOIA.
The Sheriff, the Madison County Board Chair and members, and the Madison County State’s Attorney were contacted by email for comment. No response was received prior to publication.
Media contact: Kotomi Dorman, pro se, Maryville, Illinois. (Contact information appears on the filed brief.)
5th District Disposition https://file.re/427NDkZI/
Opening Brief https://file.re/59o6YyBm/
