Supreme Court sets March timeline for oral arguments in cash bail appeal
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
SPRINGFIELD – An appeal to the Illinois Supreme Court regarding the constitutionality of a state law that would end cash bail appears to be at least two months away from resolution under a new timeline approved by the court Thursday.
Attorney General Kwame Raoul filed the agreed motion setting the timeline for the high court’s appeal of a lower court ruling that invalidated provisions of the SAFE-T Act criminal justice reform that would have eliminated cash bail on Jan. 1. The motion, Raoul’s office wrote in its filing, had been agreed to by all parties in the case, scheduling briefs to be filed in January and February, with oral arguments to begin sometime in March. A ruling would come sometime thereafter at an unspecified date.
The matter came to the Supreme Court in a Friday, Dec. 30, appeal by Raoul’s office, following Kankakee County Judge Thomas Cunnington’s decision that lawmakers overreached their constitutional authority in passing a measure to abolish cash bail in Illinois.
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.”
The ruling initially left the impending cash bail reform in limbo in at least 64 of Illinois’ 102 counties that had joined the consolidated lawsuit. A Dec. 31 order from the Illinois Supreme Court, however, stayed the cash bail provisions’ implementation statewide until the court could rule on an appeal to the case.
Thursday’s order set the timeline for that appeal.
On Wednesday, Gov. JB Pritzker said he was disappointed in the delayed implementation of the reform, which he and advocates say corrects an unfair system that allows wealthy individuals to pay their way out of jail as they await trial regardless of the seriousness of the crime they are accused of committing, while keeping poorer individuals who can’t make bail incarcerated pretrial even if they’re accused of relatively minor crimes.
The measure that would replace cash bail, should the new law be allowed to take effect, would give judges greater authority to keep an individual incarcerated pretrial if they’re accused of more serious offenses, but it would also limit the number of offenses for which pretrial detention can be ordered.
“The whole purpose here is fairness,” Pritzker said. “And I think that we will continue to fight for that. And I think those of us who believe in this know that there’s even more work to do, but I am comfortable and confident that this is constitutional.”
Neither Cunnington’s ruling nor the Supreme Court’s orders thus far have invalidated 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.
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
Palos Heights recognizes volunteers
Spread the loveBy Nuha Abdessalam Palos Heights handed out awards last week recognizing the services provided by volunteers through the years. The proclamations, which were read aloud during the city council meeting April 16, were a testament to the city’s volunteers and were handed out as part of Volunteer Recognition Week. Volunteers were cited for…
Boys Volleyball | Richards weathering struggles after run of success
Spread the loveBy Xavier Sanchez Correspondent After a tough weekend at the Smack Attack tournament, Richards got back into the win column with a two-set victory over Eisenhower in a South Suburban Red match. The Bulldogs made quick work of the Cardinals, winning 25-16, 25-15 on April 23 in Oak Lawn to snap a five-match…
SD218 puts on annual Arts Extravaganza
Spread the loveBy Kelly White The arts have become a major portion of the curriculum Community High School District 218. Showcasing those many talents, the Friends of CHSD 218’s Education Foundation proudly hosted its 15th annual Arts Extravaganza on April 5 at Eisenhower High School in Blue Island. “The Arts Extravaganza is a great event…
Gaming licenses to be tougher to get in Orland Park
Spread the loveBy Jeff Vorva It’s going to take longer to receive gaming licenses in Orland Park. The village board passed an ordinance April 15 that would allow table service businesses open at least 36 consecutive months to apply rather than the previous 18 months, and extended the probationary period to 18 months instead of…
Palos Park passes $16 million budget
Spread the loveBy Jeff Vorva The Palos Park Village Council approved the 2024-25 budget, which totals a little more than $16.3 million at the April 22 village council meeting. According to village documents, it represented an increase of a shade over $603,000 from last year. The village is expecting $13.4 million in revenue and $1.86…
Fire damages Al Bahaar Restaurant in Orland Park
Spread the loveFrom staff reports Orland Fire Protection District firefighters responded to a fire Monday evening at the Al Bahaar Restaurant, 39 Orland Square Dr. At first, restaurant owners suspected the fire alarm was triggered by a malfunction, but as firefighters inspected the restaurant to reset the fire alarm, they detected a burning smell. “What…
Year of growth | Evergreen Park enjoying inaugural boys volleyball season
Spread the loveBy Xavier Sanchez Correspondent After almost 70 years of existence as a high school, Evergreen Park finally has a boys volleyball team. The Mustangs are playing their inaugural season with a junior varsity squad, with some matches being played at the varsity level. Head coach Brian Zofkie is leading this group with assistant…
‘Brazen and cowardly’: Police, community outraged by officer’s slaying
Spread the love. By Tim Hadac Police and others across the Southwest Side reacted with outrage this week over the slaying of a Chicago Police officer in the early morning hours on Sunday. Officer Luis M. Huesca was shot to death on the street in the 3100 block of West 56th Street at 2:53 a.m.…
Neighbors
Countryside puts dog park on hold, will require leashes in two parks
Spread the loveBy Steve Metsch The city of Countryside has put on hold building a dog park, but canines and their owners are still in store for a treat. The city council has unanimously approved a plan to permit dogs in City Park and Countryside Park this year. Previously, they were not allowed in the…
Bridgeview approves auto repair shop
Spread the loveMoves up time for May 1 village board meeting By Steve Metsch Bridgeview is getting a new automotive repair shop. The village board at its April 17 matinee meeting approved a special use permit that will allow a repair shop at 9010 S. Beloit Ave. There was no discussion among trustees. The board…
Summit Fire Department blood drive draws a crowd
Spread the loveBy Carol McGowan The Summit Fire Department, along with the Village of Summit, and the Argo Summit Lions Club held a blood drive this past Saturday, and it drew a crowd that even impressed the American Red Cross. It took place from 9 a.m. until 2 p.m. with non-stop donors walking through the…
Hodgkins toasts village businesses
Spread the loveBy Carol McGowan Hodgkins Mayor Ernest Millsap and the Board of Trustees celebrated the village’s businesses at its annual Business Appreciation Breakfast on April 10. Over 100 people gathered at the Hodgkins Administration Center for a hearty breakfast hosted by the village. Representatives from many businesses that are located in or that work…
Pickleball courts coming to Palos Park
Spread the loveBy Jeff Vorva There will finally be outdoor pickleball in Palos Park. In a process that went longer than anticipated, the Palos Park Village Council was able give the green light to get a pickleball project started on the Village Green. The council voted April 8 to award the contract to U.S. Tennis…
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…