DECISION ON PRE-TRIAL FAIRNESS ACT
NOT EXPECTED UNTIL APRIL
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.
Knox County State’s Attorney Jeremy Karlin is committed to making our
community safe through evidence-based prosecution
and equal justice for all. This means guaranteeing a fair process to obtain a just result for the
victim, the accused and the community in every case.
