TAZEWELL COUNTY, Ill. — Top cops in Tazewell County have filed suit to stop the SAFE-T Act from taking effect next year.
25 News reports that Tazewell County State’s Attorney Kevin Johnson and Sheriff Jeff Lower filed the lawsuit in the 10th Judicial Circuit seeking a preliminary injunction that would block implementation of the SAFE-T Act next year.
The lawsuit is filed on constitutional grounds, claiming the SAFE-Act violates legal separation between state legislative and judicial powers.
In the lawsuit, plaintiffs assert, “…by eliminating the ability to set bail, the General Assembly has completely removed a tool the courts have as an inherent right to manage the court process.”
Of course, this challenge is centered around the provision of the new law which eliminates cash bail.
Supporters of the change believe dangerous defendants will remain jailed and won’t be able to buy their way out.
The lawsuit argues, however, that without cash bail, there won’t be monetary incentive on the line to ensure defendants appear for their court schedule.
State’s Attorney Johnson insist the elimination of cash bail will hamstring his ability to effectively prosecute cases.
Sheriff Lower says in the lawsuit he will, “be forced to place employees in harm’s way with little or no authority to procure the appearance of Defendant for Court proceedings.”
There are other complaints included in the new lawsuit relating, at least in part, to the way the law was crafted.
Earlier in the week, Knox County State’s Attorney Jeremy Karlin and Sheriff David Clague filed a similar suit, and McLean County State’s Attorney Erika Reynolds said she’ll issue a statement on the topic in the coming days.
