Last summer, a lawsuit was filed on behalf of Black Lives Matter protesters in Winnebago County who found themselves jailed for three days without bond hearings after being arrested at a demonstration on a Friday evening. Their attorneys argued that the lack of weekend and holiday bond hearings in Winnebago County results in unreviewed, extended detentions and violates the Fourth Amendment. While that lawsuit was dismissed by the lower court, the Seventh Circuit Court of Appeals is set to hear oral arguments in an appeal at the Dirksen Federal Courthouse on Tuesday December 7th at 9:30 am. The hearing will also be accessible online here.

In their decision to dismiss the original filing, the district court cited the fact that a judge signs a probable cause statement within 48 hours. These hearings, however, occur ex parte, which meaning neither accused people nor their attorneys are present. The appeal argues that these probable cause hearings are constitutionally inadequate because they deny people who are entitled to be released on bail the opportunity to request release within 48 hours. 

“Without a prompt appearance before a judge, presumptively innocent people remain in jail for days, imperiling their employment and housing, interrupting their family caretaking responsibilities, and putting them at risk of serious medical and mental health consequences,” says Adele Nicholas, one of the attorneys for the plaintiffs. “The Supreme Court has emphasized the importance of giving people a prompt opportunity to request release from jail, but people arrested in Winnebago County are systematically denied that opportunity.”

Eleven member organizations of the Illinois Network for Pretrial Justice joined several faith and community organizations from Winnebago County to file an amicus brief in support of the plaintiffs and the right to bond hearings within 48 hours of arrest. The plaintiffs and their amicus supporters argue that accused people must be brought in front of a judge within 48 hours of arrest and given a full bond hearing with the possibility of pretrial release. Notably, each of the lawsuit plaintiffs were ultimately released on their own recognizance once they were given the opportunity to appear in front of a judge for their bond hearing, a common outcome for people in this situation. 

“We have a moral responsibility to ensure that every person in Winnebago County is treated with dignity and respect, especially when they interact with the court system. Delaying bond hearings and keeping people incarcerated is dehumanizing and a denial of constitutional rights. Any amount of time spent locked in a cage causes irreparable harm to our neighbors and we cannot be silent about our tax dollars being used to jail people who have not even seen a judge,” says Reverend Violet Johnicker of Rockford Urban Ministries, a member organization of the Illinois Network for Pretrial Justice