Illinois has been making national news after the historic SAFE-T Act was passed, which sought to do away with cash bail except for in certain exceptional cases. Many aspects of the SAFE-T Act have passed into law without issue, but the controversial elimination of cash bail has been put on hold following a ruling by an Illinois county high court judge. Currently, the eventual fate of cash bail is up in the air. Supporters and lawmakers who have worked on the bill are nervous to hear the fate of this aspect of the bill in the state of Illinois.
Is it Unconstitutional to Decide Pretrial Release Procedure Through Legislation?
Kankakee County Judge Thomas Cunnington ruled that it is not constitutional for legislators to decide upon procedures that have traditionally been up to the discretion of the court system and judges themselves. For the purposes of the division of powers, Cunnington views the elimination of cash bail in the SAFE-T Act as a major overstep.
The ultimate decision by the Illinois Supreme Court on the constitutionality of cash bail will hinge upon whether the Supreme Court shares Cunnington’s sentiments. Our own lawyer Thomas Glasgow has weighed in on the constitutionality of removing cash bail at the legislative level on NBC Channel 5 News.
When Will the Fate of Cash Bail Be Decided?
The Illinois Supreme Court has agreed to hear arguments for and against cash bail on an expedited schedule. In order to minimize confusion at the legal level in Illinois, the Supreme Court seeks to resolve the issue decisively as quickly as possible. The deadlines are as follows:
- Record on appeal: Jan. 20
- Defendants/appellants’ opening brief: Jan. 26
- Plaintiffs/appellees’ response brief: Feb. 17
- Defendants/appellants’ reply brief: Feb. 27
- Oral argument: Unspecified date in March
Regardless of position on the matter of cash bail, all sides wish for the controversy to be resolved quickly. The expedited docket helps to achieve that goal. Currently, this aspect of the SAFE-T has been put on hold following an order placed on Dec 31st to put a stay on the law pending a hearing from the Supreme Court. Counties that had intended to continue with the new law after the initial ruling now have to wait for the opinion of the Illinois Supreme Court.
Contact an Experienced Lawyer Today
The experienced criminal defense attorneys at Glasgow & Olsson are uniquely qualified to help navigate new changes to pretrial release procedures. Recent changes to Illinois law likely affect your rights and trial process, so make sure to remain informed and updated. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.