Illinois Supreme Court to adopt accelerated briefing timeline on cash bail constitutionality decision

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SPRINGFIELD, Ill. (NEXSTAR) — The Supreme Court and both legal parties have agreed to an accelerated calendar for deciding if eliminating cash bail violates the Illinois Constitution.

The decision still is not expected until the Spring, however.

In a brief filed Wednesday, both state’s attorneys and the state agreed to various deadlines for filing their appeals in order for the Supreme Court to expedite the decision.

Kankakee County Circuit Judge Thomas Cunnington ruled in December the Pre-Trial Fairness Act was unconstitutional. The Supreme Court recently put in a stay order, ordering all 102 counties to keep their current system of pre-trial release. Part of the stay order was working with both parties for an expedited calendar.

"The parties have now conferred about the appropriate schedule for proceedings in this matter and suggest that the Court enter an order granting an accelerated docket," the brief reads.

The first deadline is for both parties to file a record on an appeal by Jan. 20. Then the attorney for state officials will file an opening brief on Jan. 26. The state’s attorneys will file a different response brief by Feb. 17, and the attorneys for officials will file a final reply brief by Feb. 27.

Oral arguments will then take place in March.

The Illinois Supreme Court’s website does not yet list any anticipated filing dates for 2023.

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January 5, 2023 at 02:58PM

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