Illinois will not eliminate cash bail at the start of 2023 after all, per a last-minute order from the state’s high court — the latest twist in a confusing cascade of legislative and judicial drama as Illinois seeks to become the first state in the nation to universally abolish the practice.
But Illinois Attorney General Kwame Raoul said that Cunnington did not enter an injunction, so the 37 counties that were not part of the suit could move forward with cashless bail, and judges in all of Illinois’ 102 counties could choose to follow the Democrat-backed Pretrial Fairness Act if they so choose. That would have created a situation leading to a lopsided criminal justice system in which defendants would be treated with drastically different approaches where they were arrested.
The Supreme Court did not put out a press release, but on Saturday evening tweeted that it “issued an order staying the PFA until further order of the Court. This is being done to maintain consistent pretrial procedures in Illinois until the Court can hear the appeal, which will be heard on an expedited basis” and pointed to an order on its website.
Advocates for doing away with cash bail said they’re disappointed the “transformative law will not take effect as planned.” It would have been particularly problematic in DuPage and Kankakee counties because some municipalities cross county borders, “some of which were bound by the pending litigation and others that were not.”
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