SAFE-T Act lawsuit filed by state's attorneys has court date in Kankakee County
A lawsuit filed by 62 state's attorneys, including Dan Wright of Sangamon County, over implementation of the SAFE-T Act, has a court date.
The case, which was consolidated in Kankakee County, will be heard by 21st Circuit Court Chief Judge Thomas W. Cunnington on Dec. 7. Kankakee County State's Attorney Jim Rowe will litigate the plaintiffs' case.
The SAFE-T or Safety, Accountability, Fairness and Equity-Today Act becomes law Jan. 1.
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Named as defendants are Gov. JB Pritzker, Illinois Attorney General Kwame Raoul, Illinois House Speaker Emanuel "Chris" Welch and Illinois Senate President Don Harmon.
The state's attorneys argued the SAFE-T Act eliminated the power of the court’s ability to require cash bail without a requisite constitutional amendment.
The SAFE-T Act has become a political football this election season, with gubernatorial candidates, Democrat Pritzker and Republican challenger Darren Bailey, routinely battling over its implications.
Provided by the Madison County state's attorney's office, the statement by the 62 state's attorneys, both Democrats and Republicans, referred to the act as "unconstitutional" and "a serious threat to public safety" in requesting the court declare the act "null and void."
"There has been much confusion and vitriol surrounding the passage and haphazard attempts to implement the SAFE-T Act over the past year and a half," the statement read. "We are hopeful that now, calmer heads will prevail, the rule of law will be respected, and the judiciary in its wisdom will once again make it clear that the constitution’s mandates must be followed, and the general assembly may not simply ignore them whenever it pleases.”
While he remained a signatory, Wright, in an email to the other 61 state's attorneys obtained through a records request, questioned the timing of the statement and that it "will likely be immediately weaponized by those who continue to vilify all state’s attorneys on this issue and characterized as politically motivated. (It) invites mischaracterization at a critical time ..."
Last month, Wright told The State Journal-Register he supported a trailer bill to address both the concerns of public safety officials while maintaining the proper reforms enacted by the legislature.
Pritzker has been a steadfast defender of the SAFE-T Act dating prior to his signature of the bill in January 2021, saying it will keep violent criminals behind bars. The current standard of cash bail, Pritzker added, favors those with the money to post bail instead of those who may commit additional offenses or flee prosecution.
A ruling in the case is expected by mid-December.
Contact Steven Spearie: 217-622-1788, sspearie@sj-r.com, twitter.com/@StevenSpearie.
This article originally appeared on State Journal-Register: Lawsuit over SAFE-T Act has a court date in Kankakee County
