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Last fall, dozens of state’s attorneys sued Illinois to stop the
state from implementing the no-cash bail law approved as part of
the SAFE-T Act in January 2021. A Kankakee County judge found
the law violated the Illinois Constitution on several grounds.
On New Year’s Eve, the Illinois Supreme Court suspended
implementation and accepted an appeal from the state.
Monday, Gov. J.B. Pritzker Pritzker said opponents are playing
politics.
“Well I know, you know, it’s the last refuge for those that
cannot win at the ballot box to try and take it to court to try
and have it overturned,” Pritzker said.
He downplayed the legal challenge.
“I don’t expect that they will overturn it, there’s no rationale
that makes any sense to overturn it, so I’m looking forward to
that becoming law,” Pritzker said.
State Rep. Patrick Windhorst, R-Harrisburg, previewed what he
expects during oral arguments before the Illinois Supreme Court
on Tuesday.
“The courts have the authority to operate and administer the
court system,” Windhorst told The Center Square. “Bail has been
held to be an administrative function of the court and it’s not
something that the legislature can impede upon.”
Supporters of ending cash bail say it’s unfair to have a system
where people with money can bail out after being arrested while
those that can’t have to languish in jail pending trial.
Windhorst said they have real concerns.
“What we believe will occur with the elimination of cash bail is
people will be released very soon after committing serious and
violent crimes which is going to lead to an increase in the
crime rate, an increase of recidivism and a lack of
accountability for those committing crime,” he said.
The Illinois Supreme Court hears the case Tuesday. It’s unclear
if two justices on the panel of seven will recuse themselves
from oral arguments after being the recipients of $1 million
campaign donations from Pritzker before last year’s election.
While the judicial code of conduct doesn’t require such action,
independent observers say any appearance of conflict should lead
to recusals to secure the integrity of the judiciary and its
decisions.
A ruling isn’t expected for weeks.
Greg Bishop reports on Illinois government and
other issues for The Center Square. Bishop has years of
award-winning broadcast experience and hosts the WMAY Morning
Newsfeed out of Springfield.
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