The Illinois Attorney General’s office on Thursday filed its initial argument in an appeal of a judge’s ruling that a state law eliminating cash bail violates the Illinois Constitution, pushing back on assertions that the reform measure infringes on judicial power and other arguments made by prosecutors in a lawsuit opposing the law.
Illinois Attorney General Kwame Raoul speaks after Gov. J.B. Pritzker signed HB 3653, a sweeping criminal justice and police reform bill on Feb. 22, 2021 at Chicago State University. Portions of Cunnington’s ruling were “flawed for multiple reasons,” the AG’s office argued in the brief, writing that the legislature did not exceed its authority when setting guidelines for pretrial release.
Dozens of Illinois state’s attorneys had filed lawsuits challenging the pretrial reform measures that became political flashpoints in the 2022 elections. The lawsuits argued, among other things, that the elimination of cash bail violates the separation of powers clause of the constitution by allowing the Illinois General Assembly to take away the judiciary’s ability to set bail.
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