Attorney General files intent to appeal judge's bail ruling
Illinois Attorney General Kwame Raoul has filed paperwork with the state Supreme Court to appeal a local judge’s ruling that eliminating cash bail for criminal defendants is unconstitutional
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Illinois Attorney General Kwame Raoul on Friday notified the state Supreme Court that he will appeal a local judge's ruling that eliminating cash bail for criminal defendants is unconstitutional.
Raoul's notice requests the high court reverse Wednesday's ruling by Kankakee County Circuit Judge Thomas Cunnington. Cunnington decreed that the General Assembly violated the constitution's separation of powers clause by eliminating cash bail in the so-called SAFE-T Act criminal justice overhaul. The issue of bail should be left to the judiciary, he said.
The rest of the SAFE-T Act, which updates rules and procedures for law enforcement and the courts, remains intact and takes effect Sunday.
Prosecutors and sheriffs from 64 counties filed the lawsuit challenging the bail provision, called the Pretrial Fairness Act. Cunnington's ruling did not include the injunction the plaintiffs requested.
According to Raoul, that means the law still takes effect, but the judge's order, prepared by a lead plaintiff, Will County State's Attorney James Glasgow, finds it “facially unconstitutional, void and unenforceable.”
“We're monitoring developments, but here in Will County, we find Judge Cunnington's ruling applicable,” said assistant state's attorney Kevin Meyers, adding that it will be status quo in county courts on Monday.
The SAFE-T Act was borne of the May 2020 police-involved murder of George Floyd in Minneapolis. Buoyed by a state Supreme Court commission that recommended reform, lawmakers eliminated bail to ease the burden on defendants, who are innocent until proven guilty, who can't afford the price of pretrial freedom.
Cunnington agreed with the lawsuit's plaintiffs that the constitution provides for bail as a means of ensuring a defendant's appearance at trial. Raoul and other defendants contend that reform is there as reassurance to the accused that they have an opportunity to remain free while awaiting trial.