Illinois Supreme Court to hear arguments in March about elimination of cash bail

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Illinois Supreme Court to hear arguments in March about elimination of cash bail
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Cash bail will continue to be utilized in courts throughout Illinois for at least two more months after the Illinois Supreme Court said it would begin hearing arguments in March about whether a law that eliminates cash bail is constitutional.

A man pays cash bail in the bond office to secure his brother’s release, Dec. 21, 2022, at Division 5 of Cook County Jail.

The high court’s order offers the first timeline for Illinois Attorney General Kwame Raoul’s appeal of a Dec. 28 decision by Kankakee County Judge Thomas Cunnington, who ruled that the elimination of cash bail and other pretrial policies violated the state constitution.The Supreme Court will hear arguments from both sides in the case in March, according to the high court’s order.

Cunnington sided with the prosecutors from the more than 60 counties, most of which are downstate, who sued to stop the no-cash bail policy and other pretrial provisions of the so-called SAFE-T Act that were supposed to take effect Jan. 1. Cunnington gave several reasons, including that the state legislature violated the separation of powers clause in the Illinois Constitution when it eliminated cash bail and interfered with the judiciary’s ability to set bail.

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