The Illinois Appellate Court, Fifth District, has overturned a Madison County circuit court decision that required Kotomi Dorman to pay for a special master before her Freedom of Information Act (FOIA) lawsuit could move forward. The appellate court’s order, issued on February 10, 2026, found that the lower court “abused its discretion” by appointing a special master and demanding Dorman pay a $3,000 retainer. The dismissal of her complaint due to nonpayment was ruled improper.
Dorman filed suit seeking records related to the Madison County Board’s termination of her husband, former IT Director Rob Dorman. She also requested communications from the State’s Attorney office she claims were connected to political activities presented as government business. The circuit court dismissed all counts after requiring payment for review services without addressing the substance of her claims.
In proceedings before the circuit court, the State’s Attorney reported that Dorman’s request generated 2,500 emails and over 69,000 pages of potentially responsive records containing confidential information. The judge appointed a special master with instructions: “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.” Reviewing all documents at this rate could have cost hundreds of thousands or even over one million dollars if conducted thoroughly.
Dorman argued that making access dependent on paying for such an extensive review would make FOIA rights meaningless for citizens unable to afford these costs.
The appellate panel wrote in its decision: “Courts have no power to delegate judicial functions unless clearly authorized by law,” and vacated the September 14, 2023 order appointing and funding a special master through private payment. The case is now returned to trial court for consideration on its merits under FOIA rules—without imposing unauthorized costs on Dorman.
The ruling does not yet decide which records must be released; instead it requires public bodies involved in the case to justify any claimed exemptions when reviewed by the trial court.
Attempts were made via email to reach officials including the Sheriff, Madison County Board Chair and members, and Madison County State’s Attorney for comment but no responses were received before publication.
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