Illinois Attorney General Kwame Raoul filed a 167-page brief challenging Judge Thomas Cunnington's decision on the SAFE-T Act’s pretrial release portion, arguing eliminating cash bail doesn’t violate the state's constitution.
challenging Judge Thomas Cunnington’s decision on the pretrial release portion of the SAFE-T Act to the Illinois Supreme Court earlier this month. In the brief, Raoul argued that eliminating cash bail does not violate the state’s constitution and arguments to the contrary are “flawed.”
Cunnington issued his ruling late last month after dozens of state’s attorneys sued to stop that measure from taking effect — and just days before cash bail was set to be eliminated statewide on Jan. 1. In his ruling, Cunnington determined the pretrial provisions of the SAFE-T Act violate the separation of powers principle and wrote that had state legislators wanted to enact such a sweeping change, “they should have submitted the question on the ballot to the electorate at a general election.”
Under the current system, when someone is arrested for a crime, that person appears before a judge who decides whether they must remain incarcerated or whether they can be released from jail while awaiting trial.
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