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
Worth Public Library kicks off summer reading program
Spread the loveBy Kelly White Patrons at the Worth Public Library welcomed in the summer season earlier this month. The library, 6917 W. 111th St., hosted its annual celebration on June 1 to bring patrons of all ages out to sign up for its summer reading program. “We love any excuse to celebrate reading with…
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…
Neighbors
Palos Heights: Business owners must choose whether to comply with mandates
Spread the loveBy Jeff Vorva Palos Heights is not cracking down on businesses that violate Cook County COVID-19 mandates regarding proof of vaccinations. But the city will help if asked. Among the mandates, which started Monday, businesses including restaurants and gyms must have patrons show proof of vaccinations, which is a controversial topic for some.…
College Report: Division I schools listening to Heard
Spread the loveBy Jeff Vorva Staff Writer Tadriana Heard is ready for a second round of Division I basketball. The former Argo star is playing her second season for Morton College, and heading into this week’s action was first in the nation among National Junior College Athletic Association players with 64 3-pointers. She was also…
Mayor reads hate mail before diving into COVID and crime issues
Spread the loveBy Jeff Vorva Before Tuesday’s village board meeting, Orland Park Mayor Keith Pekau said he received a disturbing email. The mayor, who shoots from the hip when it comes to his beliefs is a controversial public figure and figures to get hate mail. This one was especially nasty. “I figured that since I…
Boys Basketball: Evergreen Park riding out toughest stretch of schedule
Spread the loveBy Jeff Vorva Staff Writer So, how did Evergreen Park get to 9-6 over in its first 15 games? The Mustangs took a rollercoaster ride. In a nutshell: They started the season with four consecutive wins, lost the next three, won five straight and then dropped three in a row. The latest three-game…
Loving the Archer Heights Library
Spread the loveBy Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 284-7394 Well, that’s it, folks. The holidays are over. Next up in the market are Valentine’s Day candy, paczki, corned beef, Guinness and Peeps. Easter this year is on April 17. I will have to mention…
New year, old challenges
Spread the loveBy Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 It’s a new year and a time for new beginnings. Many of us will be starting a new diet program. I plan to do this as soon as I’m done eating the remaining Christmas candy and cookies at my house. Wish me luck!…
Two ladies gone, but not forgotten
Spread the loveBy Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 Guessing you have already read the sad news about the passing of Mary Ellen St. Aubin. For those of you that didn’t know, she grew up right here in Chicago Lawn, on 63rd and Richmond, and…
Stepson charged in Evergreen Park murder
Spread the loveBy Bob Bong A 24-year-old Chicago man has been charged with first-degree murder in the New Year’s Eve shooting of his stepfather in Evergreen Park. Brandon K. Kizer, 24, of the 8100 block of South Loomis in Chicago, was charged Sunday with first-degree murder in the death of Anthony Young, 52, on the…
Honored for service to business
Spread the loveFabis earns UBAM award By Dermot Connolly The United Business Association of Midway recently honored founding member Mary Fabis with a Lifetime Membership Award for Outstanding Service for her 35 years of work with the business organization she continues to serve as a board member. Fabis, now 92, has owned and operated Archer…