The Illinois Supreme Court in Springfield on Tuesday, April 18, 2023. The Supreme Court changed rules for appealing pretrial detention decisions after appellate courts saw an “unprecedented and unsustainable” influx. A requirement that appellants file a motion in front of the trial judge asking to set aside the detention decision as a prerequisite for filing an appeal before an appellate court are among changes.
The long-sought reforms that abolished the use of cash bail took effect in September, a landmark moment that advocates say levels the playing field for defendants who sometimes were locked up for years while awaiting trial because they were too poor to post bail.asking higher courts to review trial court judges’ decisions about detention.
The task force, made up of five appellate justices, notes that further changes could be necessary if these don’t sufficiently stem the flow, including adding additional justices. This change, though, elicited “negative feedback” from trial judges, the report said, who noted that this would add to their dockets.
The change would “incentivize strategic thinking by trial counsel about which detention rulings to appeal,” the report said.
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