Last week, attorneys for Governor JB Pritzker, Attorney General Kwame Raoul, Senate President Harmon and Speaker Welch filed an appeal of the circuit court decision finding the Pre-Trial Fairness Act unconstitutional. The parties filed their appeal directly with the Illinois Supreme Court. That court set out a briefing schedule that makes a resolution of the case unlikely before April of 2023. The effective date of the Pre-Trial Fairness date has been stayed until further order of the Supreme Court.
The following is the briefing schedule:
Record on appeal: Friday, January 20, 2023
Defendants-appellants’ opening brief: Thursday, January 26, 2023
Plaintiffs-appellees’ response brief: Friday, February 17, 2023
Defendants-appellants’ reply brief: Monday, February 27, 2023
Oral argument: In the March 2023 calendar
Knox County State’s Attorney Jeremy S. Karlin stated one of three outcomes are possible on appeal: 1) the Illinois Supreme Court finds the PFA constitutional and sets a new effective date; 2) the Supreme Court finds the PFA unconstitutional and leaves it to the legislature to determine a new path for bail reform; or 3) the Supreme Court finds the PFA unconstitutional and issues its own rules reforming or eliminating the cash bail system. State’s Attorney Karlin, a party in the litigation, stated that he will continue to monitor the situation and will prepare his office for every possible outcome.
