Plaintiff, the Illinois Education Association, made a request under the Freedom of Information Act seeking the disclosure of all material the Illinois State Board of Education provided to the Attorney General for an opinion by the Attorney General. The Board denied the request and asserted the documents were subject to the attorney client privilege because Section 7(1)(n) of the Act exempts from disclosure communications between a public body and an attorney representing the public body that would not be subject to discovery in litigation. The Supreme Court held that the Attorney General was representing the Board, yet the Board did not provide a detailed justification for keeping the documents privileged. Thus, the cause was remanded for the circuit court to conduct an in camera review of the materials. Illinois Education Association v. Illinois State Board of Education, No. 93347 (Il. S.Ct. May 22, 2003).
