Will County Gazette

Will County State's Attorney James Glasgow is bemoaning the reinstatement of the Safe-T Act’s cashless bail provision known as the Pretrial Fairness Act. 

On Tuesday, July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state in the nation to eliminate cash bail. Glasgow was the lead plaintiff of 64 state’s attorney who challenged the ruling in court. Following the ruling, cashless bail can be applied to even the worst crimes such as murder and rape.

"Out of 102 State's Attorneys throughout Illinois, 100 opposed the Act as written,” Glasgow said in a statement, according to ABC7 Chicago. “I was honored to lead the legal challenge brought by 64 of these State's Attorneys. Our mission was never to stop principled bail reform, but to ensure our criminal justice system continues to protect the safety of the law-abiding citizens of Illinois from ruthless, violent criminals. Unfortunately, the citizens of Illinois who are the sovereign authority were not consulted in this significant matter.” “I will continue to fulfill the oath of office to the best of my ability, and I pray to God that prosecutors and law enforcement will continue to be able to properly address violent crime and maintain the safety of our communities given the serious limitations placed on all our agencies by the Act.”

In the landmark decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional making Illinois the first state to eliminate cash bail. The 5-2 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.

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, The Heartlander reported. Both justices voted in favor of reinstating cashless bail in the SAFE-T Act. 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.”

After the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act. They express concerns that removing cash bail could endanger residents, narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, which according to KHQA would be on Sept. 18.