UPDATED: Supreme Court stays cash bail provisions statewide after Kankakee County ruling
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
Editor’s note: This story has been updated to reflect the fact that the Illinois Supreme Court has stayed the SAFE-T Act’s cash bail provisions statewide.
SPRINGFIELD – A Kankakee County judge ruled Wednesday, Dec. 28, 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 initially left 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.
A Dec. 31 order from the Illinois Supreme Court, however, stayed the cash bail provisions’ implementation for all 102 counties until the court could rule on an appeal to the case on an expedited but indefinite timeline. The ruling prevented an uneven application of pretrial practices, as many counties had planned to forge ahead with cash bail changes until the order was issued.
Neither Cunnington’s ruling nor the Supreme Court order 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.
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. That appeal was filed Dec. 30.
“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.
The Supreme Court’s Dec. 31 order also noted the clerk of the Supreme Court is “directed to contact the parties and coordinate an expedited process for this appeal.”
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
Medeisis promoted to fire battalion chief in Bridgeview
Spread the loveBy Steve Metsch The Bridgeview Fire Department has a new battalion chief. Michael Medeisis, 55, was promoted from the rank of lieutenant at the Jan. 5 meeting of the Bridgeview Village Board. “Hey, hot diggity dog, we’ve got a great guy (promoted),” village Trustee Michael Pticek said. Trustee James Cecott said the promotion…
Retired village employee appointed to Lyons ZBA
Spread the loveBy Steve Metsch The Karasek family has a long history of working for the village of Lyons dating back decades. And that history is getting a new chapter. Steven Karasek, 60, who two years ago retired after 36 years in the public works department, has been appointed by Mayor Christopher Getty to serve…
Walker teacher Eva Manzke honored by farm bureau
Spread the loveBy Carol McGowan School District 104 teacher Eva Manzke was recently honored by the Cook County Farm Bureau for her work with teaching students about agriculture. Students at Walker Elementary in Bedford Park, and Manzke herself were surprised when Principal Amanda Venegonia said they were gathered to honor Manzke, as she had been…
Moraine Valley’s Tom Diaz earns All-Conference honors
Spread the loveBy Carol McGowan Tom Diaz is a freshman at Moraine Valley Community College, and is making big strides with their cross country team. Diaz is also a 2021 graduate of Argo Community High School, and is the first Argonaut to earn All Region honors while pursuing his cross country career. MVCC’s Men’s an&…
Summit native marks decade with the Harlem Globetrotters
Spread the loveBy Carol McGowan Saul White Jr., better known as Flip White to basketball fans, has been with the famed Harlem Globetrotters for just over 10 years, and has no intention of stopping the entertainment he provides for his fans. White, who grew up in Summit, attended Wharton School and Graves Junior High (now…
A heavenly sound
Spread the love In what is arguably the most ornate and beautiful house of worship on the Southwest Side—St. Joseph Church in Back of the Yards–the Polonijna Orkiestra Chicago played liturgical music selections last Sunday. Founded in 2011, the orchestra is designed to teach young musicians Polish music and culture. St. Joseph parishioner Konrad Pawelek…
Crime images spark outrage in Gage Park
Spread the loveRobbed at gunpoint in his own garage By Tim Hadac Home-security camera images of a 48-year-old Gage Park man being robbed at gunpoint in his own garage outraged a number of Southwest Siders this week. Images showed the man driving his car down the alley in the 5500 block of South Richmond at…
Here’s the skinny: Trimmed-down Lawrence helps Oak Lawn top Evergreen
Spread the loveBy Jeff Vorva Staff Writer Oak Lawn senior basketball player Davion Lawrence is 45 pounds lighter than he was last season, but insists his eating habits are the same. He has, however, changed up his training habits. Heading into football last fall, Lawrence and a few fellow seniors wanted to get in the…
College Report: McAuley grad Swiatek plays hero for St. Francis
Spread the loveBy Jeff Vorva Staff Writer Hannah Swiatek comes off the bench for the University of St. Francis and is averaging 3.1 points per game. But when called on for the biggest shot of her college career, the 5-foot-8 junior guard from Oak Lawn delivered. Swiatek scored the winning basket in a wild 99-97…
Evans, Adams lead Argo past Shepard on Alumni Night
Spread the loveBy Steve Metsch Corrspondent Argo’s Davonte Evans and Will Adams both knew it was just a matter of time before the Argonauts would find a way to beat Shepard. That time came in the third quarter of a South Suburban Red matchup, when Argo outscored Shepard en rout to a 61-52 on Jan.…
Neighbors
Fire knocks out Orland’s UFC Gym
Spread the loveFrom staff reports A fire last Thursday afternoon practically destroyed an Orland Park gym and knocked out neighboring businesses, as well. Orland Park firefighters received a call at 2:31 p.m. June 20 for a reported fire in the UFC Gym located at 66 Orland Square Drive Unit C. Multiple 911 calls were received for a…
Chicago Ridge Fire Chief Bonnar retires
Spread the loveStarted his 50-year career as Orland Park cadet By Dermot Connolly Chicago Ridge Fire Chief William Bonnar officially announced his retirement from a nearly 50-year career at the June 18 Village Board meeting. Mayor Jack Lind made the announcement “with great regret,” joking that “he doesn’t have the age to retire but he…
Stagg tabs Allee Hernandez to guide girls hoops
Spread the loveBy Randy Whalen Correspondent Allee Hernandez has accrued many years of basketball experience as a player and as an assistant coach. She will soon embark on a new experience as a head coach at Stagg, where she will be the Chargers first new head coach in 16 seasons. She succeeds Bill Turner, who…
Shepard’s yearbook wins national recognition
Spread the loveBy Kelly White Shepard High School students have worked tirelessly to create a yearbook for this academic year that was nationally recognized. The high school, 13049 S. Ridgeland Ave. in Palos Heights, was chosen as a Yearbook Excellence Contest recipient from Walsworth Publishing Company, a family-owned printing company based out of Marceline, Missouri.…
Hickory Hills man charged in grandfather’s murder
Spread the loveBy Nuha Abdessalam A 32-year-old Hickory Hills man has been charged with first-degree murder in the June 21 death of his 90-year-old grandfather. Dean J. Faulk was charged on June 22 with the June 21 murder of Dean L. Faulk. Police said they responded to a call at 9:45 a.m. June 21 at…
Orland Park Public Library kicks off summer
Spread the loveBy Kelly White Summer is nearly here and the Orland Park Public Library is ready for it. On June 8, the library, 14921 S. Ravinia Ave., hosted its second annual Summer Reading Challenge Kick-Off event themed, Read, Renew, Repeat. “There are multiple interpretations to this theme,” Jackie Boyd, Communications Manager at the Orland…
llinois VFW names Porfirio Senator of the Year
Spread the loveIllinois Veterans of Foreign Wars recently selected state Senator Mike Porfirio as the Senator of the Year. “I’m deeply honored to receive this prestigious award from the Illinois VFW,” said Porfirio (D-Lyons Township). “I am committed to ensuring our veterans receive the protections, care and dignity they deserve. This recognition is a testament…
Niego Real Estate salutes America again
Spread the love. Popular flag program underway . By Tim Hadac Clearing and Garfield Ridge residents who want to decorate their blocks in red, white and blue this Independence Day are encouraged to contact Niego Real Estate and reserve a supply of U.S. flags at no charge. The popular program to promote patriotism and community…
Lyons Mental Health Commission pulls LeaderShop funding
Spread the loveExecutive director accused of harassment From staff reports The local nonprofit service community was jolted when nearly $300,000 in mental health funds was withdrawn by a Lyons Township agency from the Western Springs LeaderShop, a social service agency that has provided youth programs for nearly 40 years. The Lyons Township Mental Health Commission…