Today, State’s Attorneys suing over the Pretrial Fairness Act filed a brief with the Illinois Supreme Court in response to the Attorney General’s appeal of a Kankakee County judge’s December 2022 ruling. This latest filing by the State’s Attorneys rehashes the same bad-faith arguments against adopting and implementing the Pretrial Fairness Act and eliminating money bond. 

The State’s Attorneys’ claim that the Illinois Constitution’s reference to “bail” means that the courts have a right to continue to use money bail. But the Illinois Bill of Rights gives rights to the people—not to the court system. The Illinois Constitution simply guarantees that no accused person can be automatically jailed awaiting trial. The legislature can still set parameters for how courts decide whether someone is jailed, just as it can and does dictate the sentences judges can impose after someone is convicted.

The State’s Attorneys’ filing further displays that this frivolous lawsuit is simply about subverting the democratic process and delaying progress. From the moment that the Pretrial Fairness Act passed, conservatives and law enforcement have engaged in a range of tactics to try and roll back or repeal the law. This final hail Mary comes at the expense of incarcerated people across Illinois who are still being jailed simply because they can not afford to pay a money bond. 

By delaying the implementation of the Pretrial Fairness Act to score political points, the State’s Attorneys behind this lawsuit are jeopardizing public safety. In county jails across Illinois, thousands of people are being incarcerated not because the court believes they are a danger to anyone but simply because they can’t afford to pay a money bond. This is causing people to lose their jobs, housing, and custody of their children while they await the implementation of the Pretrial Fairness Act.

After today’s filing, we are more certain than ever that the Illinois Supreme Court will swiftly correct the poorly reasoned decision made by the trial court.

The Pretrial Fairness Act was passed with support from over 100 organizations, legislators, policy advocates, and law enforcement and was signed into law nearly two years ago. This sweeping reform was intended to improve public safety and ensure Illinois’ pretrial system prioritizes facts over finances. Amendments to the law were negotiated and passed on December 1, 2022, with legislators agreeing to begin implementation on January 1, 2023 as had been planned for nearly two years. Shortly thereafter, a single county judge’s decision forced the Illinois Supreme Court to act, pausing implementation to ensure uniform application of the law across the state. Working with Hughes Socol Piers Resnick & Dym, Ltd. and the ACLU of Illinois, the Illinois Network for Pretrial Justice helped file an amicus brief defending the Pretrial Fairness Act on behalf of 426 organizations and individual faith leaders, professors, and elected officials. The Illinois Network for Pretrial Justice welcomes the Supreme Court’s review and eagerly anticipates the end of money bond after the Pretrial Fairness Act is deemed constitutional.