Illinois Attorney General appeals ruling holding end to cash bail unconstitutional
CHICAGO (CBS) -- Illinois Attorney General Kwame Raoul on Friday has filed an appeal with the Illinois Supreme Court, seeking to overturn a Kankakee County judge's ruling that a provision of a new state law eliminating cash bail is unconstitutional.
The ruling by 21st Judicial Circuit Chief Judge Thomas Cunnington late Wednesday found that the pretrial release portions of the SAFE-T Act - a major criminal justice reform law signed by Gov. JB Pritzker in February 2021 - violate the separation of powers clause of the Illinois Constitution.
The judge's ruling means the end to cash bail will not take effect in 65 counties that had sued to block that provision of the SAFE-T Act. Other provisions of the law, including body camera requirements for police departments, and new police training mandates, will go into effect as planned on Jan. 1.
The end of cash bail can still go into effect on Sunday in 37 counties that were not part of the lawsuit; including Cook, DuPage, Kane and Lake counties. Cook and Lake county officials both have said they intend to move forward with ending cash bail beginning Sunday.
Raoul and Gov. JB Pritzker, who have defended the law, on Wednesday pledged to immediately ask the state's highest court to reverse Cunnington's decision. The attorney general's office filed the official notice of appeal on Friday, and will ask for an expedited hearing schedule next week.
Pritzker had called Cunnington's ruling a setback for the principles we fought to protect through the passage of the SAFE-T Act."
"The General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. We cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail. I thank the Attorney General for his work on this case and look forward to the Illinois Supreme Court taking up the appeal as soon as possible," Pritzker said in a statement on Wednesday.
Kankakee County State's Attorney Jim Rowe, one of the state's attorneys who had challenged the end to cash bail in Illinois, has hailed Cunnington's ruling.
"Today's ruling affirms that we are still a government of the people, and that the Constitutional protections afforded to the citizens of Illinois – most importantly the right to exercise our voice with our vote – are inalienable. The Act was a 765 page bill passed during a lame duck session under cover of darkness at 4:00a.m., affording legislators less than one hour to read it and vote on it, and denying the general public any opportunity to offer comment or input. It amended the State Constitution and eroded the constitutional protections of the Victim Rights Act, all while disenfranchising the people of their Constitutional right to vote on such reforms. The people of Illinois deserve better than that, and today's verdict condemns the Act for exactly what it is: unconstitutional." Rowe said in a statement on Wednesday.
Rowe had argued that the end of cash bail "stripped away" the courts' ability to ensure the safety of victims and victims' families, according to the Kankakee County State's Attorney's office.
In his ruling, the judge wrote that the law's changes to cash bail should have been put before voters as a proposed constitutional amendment.
Republican leaders in Illinois also celebrated Cunnington's ruling. Illinois House Republican Leader Jim Durkin (R-Western Springs) called Cunnington's ruling "a victory for the often neglected victims of crime and the men and women of law enforcement who wear the badge every day."
"We need to be able to allow the courts to continue to make judgement calls on individuals who've been charged with crimes; on whether or not – based on the facts, the implications to the victim, and also the consequences to the communities – of whether or not bail can be set," Durkin said. "And that's what the court has said; that this is an inherent responsibility of the circuit court to make these judgment calls."
Just weeks ago, Illinois state lawmakers passed a revised SAFE-T Act – after months of criticism and concerns over its elimination of cash bond. But the revision was not enough to prompt 65 state's attorneys across the state to drop their lawsuits challenging it.
Rowe argued that the act is unconstitutional for several reasons. He argued first, it's vague; second, it violates crime victims' rights; third, because its passage violated legislative rules and procedures; and fourth, because it infringes on the court's power.
But the attorney for the State of Illinois told Judge Cunnington the state's attorneys' arguments are an overreach. The attorney for Illinois said there are many precedents that discount the plaintiffs' arguments, and he also argued that the law would only be unconstitutional if it unduly infringes upon judicial power.
It's unclear how soon Pritzker and Raoul will file an appeal with the Illinois Supreme Court, or how quickly the state's highest court would hear the case and issue a ruling.