People Ex Rel. Birkett v. City of Chicago

In this appeal, we are asked to recognize a “deliberative process privilege” to protect certain advice and discussions between government officials concerning formulation of governmental decisions and policy. For the reasons that follow, we hold that the adoption of a privilege as broad-based as that sought in this case is best left to the legislature.

BACKGROUND

Defendant, the City of Chicago (City), brought this appeal from a trial court order holding it in contempt for refusing to produce certain documents sought by plaintiffs, Du Page County, the Du Page County State’s Attorney, and the…