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
Memorial service honors longtime Independence art teacher
Spread the loveBy Kelly White Palos School District 128 honored the life of one of its beloved educators with a Memorial Service. The service at Independence Jr. High School, 6610 W. Highland Dr., Palos Heights, May 24 honored the legacy of longtime art teacher, Mike Maholland, of Hickory Hills, who passed away on February 18.…
Oak Lawn Chamber to sponsor Restaurant Week
Spread the loveBy Bob Bong More than a dozen restaurants have signed up to take part in the Oak Lawn Chamber of Commerce’s inaugural Restaurant Week in June. “This is a new endeavor for us,” said Anne Fritz, chamber executive director. “This will be our unofficial kick off to summer.” Fritz said the chamber’s marketing…
One-in-a-million blue-eyed cicada found in Orland Park
Spread the loveBy Jeff Vorva Kelly Simkins is an aspiring musician and someday she just might hit the stage and perform a Frank Sinatra song. Meanwhile, the Crestwood resident is partnering with another “Ol Blue Eyes” for a little fame. So, start spreading the news… Simkins, who owns Merlin’s Rockin’ Pet Show, was in Orland…
Summit looks to replace aging pedestrian bridge
Spread the loveBy Carol McGowan Generations of Summit residents have used the 74th Avenue pedestrian bridge and village officials are now getting ready to replace the aging structure. Village Engineer Tim Klass from Novotny Engineering recently discussed replacing the bridge with a crowd of about 75 people at a community meeting on May 15 at…
Flagg Creek golfers will pay more for greens fees
Spread the loveBy Steve Metsch It will cost more to play at Flagg Creek Golf Course in Countryside this summer. The Pleasant Dale Park District, by a 4-1 vote, recently approved a rate increase that had been unanimously approved by the Countryside City Council in April. The park district and city are co-owners of Flagg…
McCook fire hydrants to be sandblasted and painted
Spread the loveBy Steve Metsch Decades of paint – some three-quarters of an inch thick – will be sandblasted off most of the fire hydrants in McCook this summer. “For 30, 40 years we’ve been painting over them. They’ve never been sandblasted. It’s well overdue,” Mayor Terrance Carr said during the most recent board meeting.…
Woman sentenced in 2003 murders of newborn twins
Spread the loveFrom staff reports A 44-year-old woman, charged in the 2003 deaths of her newborn twins following an extensive cold case investigation by Cook County Sheriff’s Police, has been convicted of murder. On May 8, Cook County Sheriff Thomas J. Dart announced that Antoinette Briley pled guilty to murder at the Bridgeview Courthouse and…
McCook approves ‘preventive’ rodent control program
Spread the loveBy Steve Metsch The McCook Village Board earlier this month approved what Mayor Terrance Carr calls “preventive maintenance.” The board on May 6 unanimously approved paying Rose Pest Solutions $12,000 for a 10-week rodent control program throughout the village. It’s not that the McCook now has a rat problem, Carr said. It’s that…
Summit, property owners discuss apartment inspections
Spread the loveBy Carol McGowan Nearly 75 people attended a community meeting last Wednesday evening in the multi-purpose room of Graves School to learn about changes coming to the village. Three topics highlighted the meeting. Rental property inspections, lead line replacement, and replacing the 74th Avenue pedestrian bridge. Mayor Sergio Rodriguez tackled the controversial rental…
Tollway to hand out free transponder stickers in Justice
Spread the loveBy Carol McGowan Earlier this year, the Illinois Tollway began phasing out the plastic I-Pass transponder and introduced a sticker tag that goes on your vehicle’s windshield. If you’re still using a transponder, or want to get a new sticker, the Village of Justice is the place to be on Saturday, June 8.…
Neighbors
Ladies lead the way to stylish Kentucky Derby fun
Spread the love As a tip of the cap–so to speak–to the Kentucky Derby, acclaimed chef Gloria Hafer (second from right) visited the Garfield Ridge Satellite Senior Center last week to cook a burgoo (a thick stew traditionally popular in the South). For an added bit of fun, the center had a derby contest. Among…
Seek donations for charity at Two Holy Martyrs
Spread the love. By Tim Hadac The Society of St. Vincent de Paul chapter at Two Holy Martyrs Parish will host a bundle weekend on Saturday, May 18 and Sunday, May 19. Volunteers will staff two trailers at the St. Rene Goupil Church parking lot, 64th and New England, from 1 to 5 p.m. Saturday…
Palos Park finance director heading to Westmont
Spread the loveBy Jeff Vorva Palos Park was in good hands with Altic. Finance director/treasurer Allen Altic is leaving the village later this month to take a similar position in Westmont, just a few miles from his home in Downers Grove. Altic was an assistant finance director in Bloomingdale from 2012 to 2020, when he…
Orland Township hosting free senior health fair
Spread the loveOrland Township and Supervisor Paul O’Grady are hosting a senior health fair to provide free health services and information to senior citizens on Tuesday, May 21, from 9 a.m. until noon at Orland Township, located at 14807 S. Ravinia Ave., Orland Park. The Senior Health Fair is an excellent opportunity for seniors to…
District 128 teacher joins Golden Apple Accelerator Program
Spread the loveBy Kelly White A Palos Heights School District 128 educator was selected to be a part of the Golden Apple Accelerator Program. Also, a District 128 alum, Moira Touhy, a paraprofessional at Independence Junior High School, 6610 W. Highland Dr., Palos Heights, will be participating in the 15-month online program specifically geared toward…
Crossroads plans approved in Orland Park despite adding apartments
Spread the loveBy Jeff Vorva Crossroads did not hit a roadblock. Despite not wanting to bring more apartments to the village, the Orland Park Village Board approved plans for the Crossroads of Orland Park at its May 6 Committee of the whole and regular meetings and it will indeed feature 132 apartments. The Crossroads project,…
New mural may be coming to viaduct
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . We are now half way through May. I hope the month is treating everyone a-May-zing! The CAPS Beats 822/824 meeting was held on May 7. I did not attend because I had just…
The big airport with the neighborhood vibe
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Happy 98th Birthday to Chicago Midway International Airport. Back in 1923 it was called Chicago Air Park with one runway. The city of Chicago leased it on May 8, 1926 and officially dedicated it as Chicago…
Good golfing is par for this course
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . As indicated by the full parking lot and adjoining parking spaces along Mann Drive, the Marquette Park Golf Course is open for the season. The unique, 36 par course with elevated trees, greens and fairways…