(The Center Square) – The Illinois Supreme Court said that oral arguments in an appeal in the SAFE-T Act’s cashless bail lawsuit will not be heard until March.
Oral arguments are set before the Illinois Supreme Court in March, though a specific date is still not known.
The Pretrial Fairness Act that eliminates cash bail in Illinois was supposed to go into effect on New Year’s Day, but the state Supreme Court suspended implementation on New Year’s Eve.
The stay was issued after a Kankakee County judge found the no-cash bail provision of the SAFE-T Act violated the Illinois Constitution and the separation of powers.
In an order filed Thursday, the Illinois Supreme Court notified state’s attorneys who sued to block the law and state defendants, including the Illinois Attorney General, of the schedule to file briefs.
“The record on appeal shall be filed on or before January 20, 2023,” the order said.
“Appellants’ brief shall be filed on or before January 26, 2023. Appellees’ brief shall be filed on or before February 17, 2023. Appellants’ reply brief shall be filed on or before February 27, 2023. Oral argument will be scheduled for the March 2023 term of court,” the order said.
The measure originally passed the state legislature and was signed by Gov. J.B. Pritzker in early 2021.
After several amendments, including as recently as last month, lawmakers modified the measure to include a broad net of detainable offenses a criminal defendant can be held pending trial.
Dozens of state’s attorneys argued the measure violated the Illinois Constitution.
Supporters of the law say people are innocent until proven guilty and do not deserve to languish in jail awaiting trial because they cannot afford bail.