Illinois Supreme Court stays implementation of new law that would end cash bail

By Kevin Haas
Rock River Current
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The new year will begin with cash bail still in place in Illinois after the state Supreme Court ordered implementation of the law to be stayed until it can review a lower court’s decision.

The state high court decided on Saturday to stay the effective date of the Pretrial Fairness Act “in order to maintain consistent pretrial procedures throughout Illinois,” the order reads.

It was a last-minute decision by the court as the Pretrial Fairness Act was slated to go into effect Sunday.

The high court’s decision comes after Kankakee County Judge Thomas Cunnington issued a decision on Wednesday that the law is unconstitutional because it violates the separation of powers and interferes with the duties of the judiciary. Illinois Attorney General Kwame Raoul immediately appealed the decision to the state Supreme Court.

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Cunnington’s decision could have effectively created two pretrial systems in the state: One with cash bail still in place for the 64 counties that filed lawsuits to stop the act from taking effect and one that ends cash bail for the other 38 counties.

Boone and Winnebago counties were among those who joined with dozens of other prosecutors and county sheriffs in filing the lawsuit.

“The Supreme Court made a prudent decision,” Winnebago County State’s Attorney J. Hanley said in a statement. “The certainty they provided in their supervisory order will prevent near chaos regarding arrest and pretrial detention decisions in Illinois.”

The court is expected to consider the appeal sometime next week.

This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas or Instagram @thekevinhaas.