Judge invalidates cash bail reform in some counties; Supreme Court appeal pending
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
SPRINGFIELD – A Kankakee County judge ruled Wednesday that lawmakers overreached their constitutional authority in passing a measure to abolish cash bail in Illinois, while other provisions in the wide-ranging SAFE-T Act criminal justice reform were not affected by the ruling.
The ruling by Judge Thomas W. Cunnington leaves the impending cash bail reform in limbo in at least 64 of Illinois’ 102 counties that had joined the consolidated lawsuit ahead of the reform’s scheduled Jan. 1 implementation.
The reform remains scheduled to take effect in the more than 30 counties that did not sue, which contain roughly two-thirds of the state’s population. Of the state’s 10 most populous counties, six were not part of the lawsuit (Cook, DuPage, Lake, Kane, St. Clair and Champaign). The counties of Will, McHenry, Winnebago and Madison were all part of the lawsuit.
The ruling did not invalidate other provisions of the SAFE-T Act which had already taken effect, such as reforms to police officer training and certification standards and police body camera requirements.
Cunnington wrote in a 36-page decision that the cash bail provisions effectively and improperly amended a section of the state’s constitution that states, “all persons shall be bailable by sufficient sureties,” except in a few specific circumstances.
He also wrote that ending cash bail is an improper overreach by lawmakers, who have no constitutional authority to govern the administrative functions of Illinois courts due to the separation of powers. Bail, Cunnington wrote, has been held by the Supreme Court to be “administrative” in nature.
The constitution also specifically mentions bail in a section on victims’ rights, when it states victims have a right “to have the safety of the victim and the victim’s family considered in denying or fixing the amount of bail.” Cunnington found that eliminating bail prevents courts from “effectuating the constitutionally mandated safety of the victims and their families.”
Illinois Attorney General Kwame Raoul said in a news release the state will appeal the decision directly to the state Supreme Court, but a timeline for a ruling from the high court is unclear.
“Most of the SAFE-T Act’s provisions have been in effect for more than a year, and regardless of today’s circuit court decision, all parts of the SAFE-T Act, including the pretrial release portions addressed in the court’s decision, will go into effect Jan 1,” Raoul said. “For instance, the right of individuals awaiting criminal trials – people who have not been convicted of a crime and are presumed innocent – to seek release from jail without having to pay cash bail will go into effect in a few short days, despite the court’s ruling against those provisions.”
Cunnington rejected other arguments by the dozens of state’s attorneys that centered on the legislative process, namely that the bill was not given a proper hearing and violated the “single subject” rule. Court precedent holds that as long as the House speaker and Senate president certify that a bill is properly passed, courts have no standing to intervene, he wrote.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Orland Park Library collecting candy wrappers
Spread the loveBy Kelly White Candy has taken on a whole new life at one local library. The Orland Park Public Library, 14921 S. Ravinia Ave., Orland Park, is happy to announce the launch of its very first Trash or Treasure candy wrapper recycling campaign. The Trash or Treasure program helps reduce the waste that…
Hickory Hills adds new police officer
Spread the loveBy Nuha Abdessalam Hickory Hills Police Chief Jason Bray welcomed Andre Showers as the city’s newest police officer during last week’s city council meeting. Aldermen and the community at the April 11 meeting helped celebrate the induction of the Showers, 21. He’s an Army veteran and a 2023 Cook County Correctional Camp graduate…
Marist celebrates cultural diversity
Spread the loveBy Kelly White Marist High School appreciates the wide array of culture that walks its campus hallways on a daily basis. In order to celebrate, the high school, 4200 W. 115th St., Chicago, hosted its second annual Celebration of Culture on March 14. During the free event, students, faculty and staff represented their…
Palos Heights Knights of Columbus donate to GiGi’s Playhouse
Spread the loveGrand Knight John Laskey and Past Grand Knight Brian Mellenthin of St. Theodore Guerin Knights of Columbus Council 14057 presented a check for $1,500 to GiGi’s Playhouse of Tinley Park, one of several donations to local groups resulting from the Knights of Columbus’ Fall Tootsie Roll Drive. One of the most recognizable activities…
Worth police join task force to combat auto thefts
Spread the loveBy Joe Boyle An agreement has been reached between the villages of Worth and Thornton regarding participation in the Illinois Statewide Auto Theft Task Force. Worth Police Chief Tim Denton said the approval of the memorandum to participate in the task force is necessary. “It’s no secret that there has been an increase…
A simple idea for Earth Day
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Moving right along through April, as the days get longer and nicer, time will start to go by faster. We have Earth Day on April 22 and the start of Passover at sunset.…
Bingo at St. Clare was something to yell about
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Recently I mentioned a bingo fundraiser the Augustinian Young Adults of St. Rita of Cascia Parish were holding. This was their first attempt at a bingo and they put on a really nice event. Held…
One thing is certain: life goes on
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . I get a lot of calls from residents who are discouraged about our neighborhood. There are so many car accidents, shootings and violent crimes being committed in West Lawn and surrounding areas. It certainly is challenging to stay hopeful and positive. Here is a paragraph…
Biz groups battle over names, logos
Spread the love. UBAM, MCC trade barbs . By Dermot Connolly and Tim Hadac The leader of one Midway-area business association is accusing the other of bad faith, and the leader of the other is scratching her head over the dustup. United Business Association of Midway Executive Director Anita Cummings recently claimed that a rival…
Neighbors
Hunt man who tried to rob Chase Bank
Spread the love. FBI looking for tips from public . From staff reports FBI officials are appealing to the public for help in finding a man who attempted to rob a Southwest Side bank branch. The bandit tried to rob the Chase Bank branch at 5687 S. Archer (just west of Laramie) at about 11…
Chicago Red Stars and Bay FC to play at Wrigley Field
Spread the loveBy Jeff Vorva Correspondent Chicago Red Stars forward Ally Schlegel loves Wrigley Field. “I adored Wrigley the second I went to my first Cubs game,” Schlegel said. “I fell in love with it thinking it was the perfect sporting experience with how they built it up down there.” She will go from a…
Trinity Christian College names new hoops coaches
Spread the loveBy Jeff Vorva Correspondent Trinity Christian officials were busy on April 11 ushering in new eras for its basketball programs. Trolls Athletic Director Wendy Reid announced that Jordan Mast is taking over the men’s basketball program, while Jasmine Porter has been named women’s hoops coach. Mast comes to the school in Palos Heights…
Reavis baseball coach and Hall of Famer Don Erickson to retire after season
Spread the loveBy Jeff Vorva Correspondent A deal is a deal. Longtime Reavis baseball coach Don Erickson has said he would retire after his son, Sam, graduates from high school, so he can watch Sam play in college. Erickson doesn’t get to many of his son’s high school games because Sam plays at Downers Grove…
Worth Library offers seeds for free
Spread the loveBy Kelly White A seed library collects and stores seeds and shares them with members of the community for free. Similar to a normal library, gardeners borrow seeds from the seed library at planting time. At the end of the growing seasons, they save seeds from the plants and return a portion of…
Paisans Pizza eyes May opening in Oak Lawn
Spread the loveBy Joe Boyle Paisans Pizzeria is a step closer to opening in Oak Lawn with the approval of a liquor license for the establishment that will be part of the Stony Creek Promenade. Plans for the restaurant were originally approved at an Oak Lawn Village Board meeting in March of 2022. Tom Phelan,…
Palos Park residents, mosque reps discuss noise issues at council meeting
Spread the loveBy Jeff Vorva What could have been an explosive situation was actually quite civil. Some Palos Park residents were angry about loud activity and behavior of some members of the Palos Islamic Center the past two years and sounded off at the April 8 village council meeting. Fresh on their minds was noise…
Comings & Goings: Obbie’s Pizza to stay ‘unique and delicious’
Spread the loveBy Tim Hadac Archer Avenue’s long-time king of pizzerias will continue to rule. Same recipes at Obbie’s Pizza, 6654 W. Archer. Same pizza and ingredients. Same pasta, broasted chicken, shrimp, perch, Italian beef/sausage/meatball sandwiches, sides and pop. Same seasoned, Middleby Marshall pizza oven built in 1947—the type of pizza oven every restaurant owner…
Stickney Public Health confirms measles case in Bedford Park
Spread the loveFrom staff reports The Stickney Public Health District has confirmed that a person with measles related to the ongoing situation in the City of Chicago was at the Walmart Supercenter at 7050 S. Cicero Ave. in Bedford Park on Friday, March 22, roughly between the hours of 2 and 4 p.m. Anybody who…
La Grange cancels Endless Summerfest over higher costs
Spread the loveBy Steve Metsch It turns out the summer is not endless, at least not in La Grange. Endless Summerfest, a three-day event held the first weekend in August at Gordon Park for many years, will not be held this year. The cancelation was announced Tuesday in a joint new release from the La…