West Central Reporter

Schuyler County State's Attorney Chuck Laegeler has filed a temporary restraining order seeking to overturn the SAFE-T Act in the county following a successful such order in 65 other counties on Dec. 28. 

Resident Circuit Judge Mark L. Vincent granted the request which, according to Laegeler, would mean that "at this time Schuyler County will not be enforcing the provisions of the Safe-T Act that were held unconstitutional by Judge Cunnington of Kankakee County.” 

“As announced yesterday, Sheriff Bill Redshaw and I filed a lawsuit that essentially mirrors the suits that had been brought by other State's Attorneys throughout Illinois,” Laegeler said on Facebook. “As part of our litigation, we requested an emergency temporary restraining order be granted to prevent the unconstitutional provisions relating to pretrial detention within the Pre-Trial Fairness Act, commonly referred to as the 'Safe-T Act,' from taking effect in Schuyler County.” 

Laegeler has also said that, “While there is more work ahead, the issue is set to be brought before the Illinois Supreme Court, this is a great victory for the judicial process, our local law enforcement, and most importantly the safety of the citizens of Schuyler County."

The Illinois State Supreme ruled on Dec. 31 - the day before the sweeping criminal justice reform was set to take effect - the law’s implementation should be delayed given rulings in lowers courts, according to CBS Chicago.

The no-cash-bail provision had been ruled unconstitutional earlier in the week by Kankakee County Chief Judge Thomas W. Cunnington, of the 21st Judicial Circuit Court of Illinois. “The administration of the justice system is an inherent power of the courts upon which the legislature may not infringe and the setting of bail falls within that administrative power, the appropriateness of bail rests with the authority of the court and may not be determined by legislative fiat,” Cunnington wrote in his decision.

A group of 65 state’s attorneys banded together to challenge the law in Cunnington’s court. Several others followed suit with mirroring legislation after Cunnington’s ruling. 

“This is a victory for the rule of law, which unfortunately the Illinois General Assembly and the Governor disregarded when passing this ‘solution in search of a problem’ legislation,” McHenry County State’s Attorney Patrick Kenneally said, McHenry Times reported. “It is the legislative process, not the criminal justice system, that is broken in Illinois.” Kenneally also argued that “Instead of drafting bail reform in collaboration with actual experts, such as judges, prosecutors, police, and defense attorneys who seek justice in courtrooms every day, the General Assembly and the Governor chose to enact the sophomoric ideas of well-financed activists.”