(WTVO) — Arguments over whether Illinois can constitutionally eliminate cash bail will commence in March in the Illinois Supreme Court.
The high court notified state’s attorneys who sued to keep cash bail in place on Thursday giving them and the Illinois Attorney General’s Office time to file briefs.
“The record on appeal shall be filed on or before January 20, 2023,” the order says. “Appellants’ brief shall be filed on or before January 26, 2023. Appellees’ brief shall be filed on or before February 17, 2023. Appellants’ reply brief shall be filed on or before February 27, 2023. Oral argument will be scheduled for the March 2023 term of court.”
Part of the SAFE-T Act, the Pretrial Fairness Act, which eliminates cash bail in Illinois, was scheduled to take effect on Jan. 1.
However, the act was ruled unconstitutional by a Kankakee County judge after state’s attorneys in 64 counties filed suit to stop the legislation last fall.
The ruling only applied to the 64 counties listed in the lawsuit, leaving half the state open to end cash bail and the half to keep operating under the standard cash system. The Illinois Supreme Court then stepped in and ruled that a statewide stay was needed to maintain consistent pretrial procedures throughout the state as the court prepares to hear arguments.
Dates for the March arguments have not been set.