Today, a Kankakee County judge sided with the 58 State’s Attorneys and sheriffs suing Illinois over the SAFE-T Act. This disappointing ruling is as political as the frivolous lawsuits that spurred it. The decision from Judge Thomas W. Cunnington could delay justice in counties across the state but will not deny it. The court did not issue an injunction and the Pretrial Fairness Act will still be the law in Illinois on January 1st. We anticipate that this poorly reasoned decision will be swiftly corrected by the Illinois Supreme Court.

In the nearly two years since the Pretrial Fairness Act was passed into law as part of the SAFE-T Act, some members of law enforcement have been trying to undermine it. Their efforts have not been about justice or public safety; they are simply about preserving the power to jail people because they’re poor. 

Delaying the implementation of the Pretrial Fairness Act harms marginalized communities and survivors of violence. The current money bond system prioritizes access to wealth over public safety. Every year, thousands of people lose their jobs, housing, and custody of their children—not because a judge believes they’re dangerous, but only because they don’t have the money to buy their freedom. By protecting the status quo, the State’s Attorneys and sheriffs behind this lawsuit are making our communities less safe. 

Not all members of law enforcement have participated in these efforts to deny justice and undermine historic racial justice reforms. Some members of law enforcement have worked diligently to prepare for successful implementation on January 1st either in their own counties or as part of working groups led by the Administrative Office of Illinois Courts. Others participated in negotiations throughout the summer and fall to develop clarifying amendments to the law, which were passed earlier this month. Notably, the State’s Attorneys representing two of Illinois’ largest counties and a combined 47% of the population of the state, Cook and Lake, have championed the reforms included in the Pretrial Fairness Act long before they even became law. State’s Attorneys representing the second and fifth largest counties, DuPage and Kane respectively, were active participants in legislative negotiations and the Champaign County State’s Attorney testified in favor of the amendments made just weeks ago.

While many counties have diligently worked to prepare for the end of money bond, the State’s Attorneys behind these lawsuits have been working to preserve one of the greatest racial and economic injustices in our legal system. 

The Illinois Network for Pretrial Justice stands by the Pretrial Fairness Act and is ready to work with the stakeholders in all counties to ensure that the law is successfully implemented after the Supreme Court responds to today’s ruling.