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
Softball | Jocelyn Hovanec scores two runs, Ks 12 in Chicago Christian win
Spread the loveBy Xavier Sanchez Correspondent Chicago Christian is working to find its footing in the inaugural season of the Chicagoland Christian Conference. The Knights entered this week 6-8 overall and 4-6 in the CCC, putting them in fifth place with just two conference games to play among their final seven regular-season contests. The Knights…
Boys Volleyball | Chicago Christian finishes April strong, takes second at Ridgewood Invitational
Spread the loveBy Xavier Sanchez Correspondent A busy and largely successful final seven days of April saw Chicago Christian briefly climb back to the .500 mark after a tough first month of the season. The Knights (11-12, 4-4 Chicagoland Christian Conference) have won seven of their past 10 matches, all of which were played over…
Work moving forward at Marquette Park
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . In the March 29 edition of the Greater Southwest News-Herald, I wrote a story about a town hall meeting at Marquette Park, we learned of some of the upcoming plans the Park District has for…
Sophia Smith’s brace sinks Red Stars
Spread the loveBy Jeff Vorva Correspondent Home has not been that sweet lately for the Chicago Red Stars. The team lost its second straight game at SeatGeek Stadium with a 2-0 setback to Portland in front of an announced crowd of 4,443 on April 27. Portland star Sophia Smith scored in the 10th and 26th…
Nazareth Academy celebrates ‘special talent’ J.J. McCarthy in NFL Draft
Spread the loveBy Steve Metsch Dennis Moran has no doubts that J.J. McCarthy – the former Nazareth Academy quarterback who is now with the Minnesota Vikings – will succeed in the National Football League. Moran was among about 60 or so Nazareth Academy fans, friends and coaches who gathered Thursday night at The Stadium Club…
Brother Rice names Al Perez next soccer coach
Spread the loveBy Jeff Vorva Correspondent A few new coaches are dotting the area high school athletic scene. One of the more notable hires was Brother Rice bringing Al Perez aboard as the soccer coach. Perez led Chicago Public League power Washington to a Class 2A state championship in 2013, a fourth-place finish in 2015…
Police Council rallies to save ShotSpotter
Spread the love. By Alexis Bocanegra Your correspondent in Clearing and Garfield Ridge (773) 949-1509 • grcl.alex23@gmail.com . Chicago Lawn (8th) District Police Council members Mark Hamberlin, Al Cacciottolo and Jason Huff have created an online petition to save ShotSpotter. As you may have read in the Clear-Ridge Reporter & NewsHound back in March, Mayor…
Capacity crowd speaks out against Evergreen Park dispensary
Spread the loveBy Joe Boyle Additional chairs had to be brought out to seat an overflow crowd of Evergreen Park residents who attended a meeting April 15 regarding a proposed cannabis dispensary for the village. And many who were in attendance voiced their opposition to having a dispensary in Evergreen Park. Most of the people cited…
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…
Neighbors
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…
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…