The lawsuit over cash bail pits the state’s Democratic governor, attorney general and legislative leaders against roughly half of Illinois’ state’s attorneys, as well as county sheriffs. Both sides can agree on this much: The justices’ decision will have major ramifications on the future of the criminal justice system in Illinois.
Illinois Supreme Court
“The circuit court’s decision finding the detention provisions unconstitutional should be reversed,” Illinois Attorney General Kwame Raoul's office wrote in a brief Thursday.
From Driver’s Licenses to Police Body Cams, the SAFE-T Act Contains Much More Than Cash Bail Changes
With the Illinois Supreme Court set to hear oral arguments in March, it will likely be months before justices decide the fate of cashless bail in Illinois. But bail transformation is just one of many provisions contained in the SAFE-T Act.
An agreed motion released Wednesday shows that oral arguments before the Illinois Supreme Court between Attorney General Kwame Raoul and a group of prosecutors challenging the plan to eliminate cash bail will not be held until sometime in March.
On New Year’s Eve, less than 12 hours before cashless bail was to take effect, Illinois Supreme Court justices put the elimination of cash bail in the state on hold indefinitely.
The Illinois Supreme Court on Saturday posted an online notice that it is staying the Pretrial Fairness Act, the law within a broader criminal justice overhaul called the SAFE-T Act, which contains the cashless-bail change. The stay will remain in place until the justices issue a new order.
If the results hold, the court would shift to a 5-to-2 Democrat majority.
Democratic Lake County Judge Elizabeth “Liz” Rochford has declared victory in her race for the 2nd District seat on the Illinois Supreme Court, a result that would mean Democrats would maintain control of the state’s highest court.
Despite a growth in population size, the Latino community is underrepresented in politics, with less than 2% of Latinos in elected positions nationwide.
With terms that last 10 years, having two competitive Illinois Supreme Court contests in a single election cycle – as is the case in the suburbs outside of Cook County this November – is rare and the results potentially significant.
“These races often fly under the radar but these are the two most important races on our ballot in November,” said lawyer Trisha Rich, who is on the board of the abortion rights group Personal PAC. “And even though that might sound like an overstatement, it’s not.”
The unanimous Supreme Court decision, released Sept. 22, resolves a 7-year-old lawsuit brought by Charles Green, who was sentenced to life in prison at age 16 after being convicted in a 1985 quadruple murder. Green was released in 2009, and wants to prove his innocence.
“The race has been run and it is time to pass the gavel to a successor,” Illinois Supreme Court Chief Justice Anne Burke said.
Federal judges are appointed and confirmed, something the nation has witnessed via televised hearings as the nation’s high court has gone through turnover in recent years. But Illinois elects most judges.
The state’s highest court will soon have its first Black woman justice as Fourth District Appellate Court Judge Lisa Holder White is set to replace Justice Rita Garman, who’s retiring this summer. Holder White’s term begins in July.
Ald. Byron Sigcho-Lopez (25th Ward) had urged the Illinois Supreme Court to overturn decisions by the Illinois State Board of Elections as well as lower courts that allowed politicians accused of political corruption to use funds contributed by supporters of their campaigns to defend themselves from accusations of wrongdoing while in office.
Ald. Byron Sigcho-Lopez (25th Ward) looked on as his attorney Adolfo Mondragon urged the Illinois Supreme Court to overturn decisions by the Illinois State Board of Elections as well as lower courts to toss out his complaint against his predecessor, disgraced former Ald. Danny Solis.
