Galesburg Reporter

Tazewell County State’s Attorney Kevin Johnson has voiced his disapproval of the recent decision by the Illinois Supreme Court to uphold the constitutionality of the Pretrial Fairness Act, a provision within the SAFE-T Act aimed at eliminating cash bail. 

This landmark ruling makes Illinois the first state in the nation to completely eliminate cash bail for all cases. Opponents claims as a result of the court's decision, the cashless bail provision can now be applied even to serious offenses like murder and rape. 

“‘Disappointed but not surprised’ would sum it up. The Illinois Supreme Court has now found the SAFE-T Act to be constitutional and it will be implemented on September 18, 2023. Regardless of my personal and professional opinion to the contrary, I will fulfill my sworn obligation to uphold the law," Johnson said, according to WBMD. “Fortunately, Tazewell County is well positioned to implement the SAFE-T Act and we will do everything within our authority and control to protect the law abiding citizens of Tazewell County.” 

The Act encountered opposition from a significant majority of state attorneys in Illinois. Among the 102 state's attorneys, 100 expressed their disapproval of the Act, and 64 of them actively participated in litigation efforts to prevent its implementation.

Knox County State’s Attorney Jeremy Karlin also shared his attitude on the law. 

“Now prosecutors and law enforcement are left with the difficult task of converting the challenging, sometimes vague and contradictory language of the SAFE-T Act into a coherent, just and predictable set of procedures," Karlin said in a statement.

The court's 5-to-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new bail rules take effect, as cash bail ends on Sept. 18.

According to The Heartlander, Gov. J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000. Both justices voted in favor of reinstating cashless bail. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth with the nonpartisan Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases, they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act, KHQA reported. They express concerns that the public could be endangered after the sunset of cash bails. Opponents claim that without cash bail, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends.

Democratic lawmakers have favored the provision.