Capitol Fax.com - Your Illinois News Radar » Judge’s SAFE-T Act tantrum overturned by appellate court
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Judge’s SAFE-T Act tantrum overturned by appellate court

Thursday, Jan 16, 2025 - Posted by Rich Miller

* For whatever reason, Will County Circuit Judge Dave Carlson decided to blame the SAFE-T Act for forcing him to release a full-timemember of the notorious Outlaws motorcycle gang from jail who was accused of murder and concealing the body. From April

A Will County judge suggested that he may have no choice under the state’s SAFE-T Act but to release Jeremy Boshears ahead of his second trial for murder in the 2017 shooting of a woman at the clubhouse for the Joliet Outlaws motorcycle gang.

Circuit Judge Dave Carlson made his comments at a Wednesday hearing in which a prosecutor contended that Boshears is a threat to witnesses and the community, while his defense attorney pointed to his record in more than six years of being in jail as someone who “follows the rules.”

Carlson questioned whether the charges pending against Boshears mattered under the SAFE-T Act law that eliminated cash bail and set standards by which defendants could be held in jail before trial.

Calling the Illinois standards the “most lenient” in the nation, Carlson asked attorneys: “Aren’t we supposed to essentially set a blind, false standard for pretrial release? Isn’t that where we’re at in the state of Illinois? Aren’t we supposed to say, ‘You’re charged with a crime, but we’re going to let you go until you’re found guilty?’”

* About a week later

A Will County judge granted the jail release of a Coal City man who had been previously convicted of a 2017 murder at the Joliet Outlaws clubhouse but also ordered his ruling to not take effect for 21 days. […]

Carlson said he hoped his decision in Boshears’ case would illustrate all the potential problems he believed existed with the SAFE-T Act and the law’s demands on the judicial branch when considering defendants’ pretrial release. […]

Carlson said he was not going to get into the politics surrounding the SAFE-T Act or his own feelings regarding it, but he nevertheless said the law “poses more questions than answers” and puts judges in a “really, really bad spot.”

Judge Carlson retired the following day.

* Fast-forward to early May

Prosecutors argue a former Will County judge refused to make several findings in accordance with a provision of the SAFE-T Act when he ordered the release of a man charged with murder, such as whether he posed a threat to others and the community. […]

In the May 6 motion, Will County Assistant State’s Attorney Mark Shlifka said there is a statutory requirement that judges make specific findings for detention hearings under the Pretrial Fairness Act.

However, Shlifka argued Carlson refused to make those findings at Boshears’ April 29 court hearing in accordance with the act. […]

Shlifka’s motion argued Carlson “explicitly and intentionally chose not to follow the [Pretrial Fairness Act], or make the requisite findings.”

* The new judge agreed with prosecutors

A new detention hearing was held for a man charged with murder after a Will County judge determined a retired judge failed to follow requirements under a provision of the SAFE-T Act when allowing the man’s jail release.

On Thursday, Will County Judge Jessica Colón-Sayre vacated a court order from former Judge Dave Carlson that allowed the pretrial release of Jeremy Boshears, 39, of Coal City. Boshears stands charged for a second time with first-degree murder and concealment of a woman’s homicide at the Joliet Outlaws clubhouse.

Colón-Sayre determined Carlson failed to make findings on whether there was clear and convincing evidence that Boshears committed the offenses he’s charged with, posed a threat to others and was a flight risk. […]

Colón-Sayre said while the changes to the legal system brought on by the SAFE-T Act posed a challenge for Carlson, judges still have to follow the law and provide a record that allows for appeals by defense attorneys and prosecutors.

* And an Illinois appellate court has since upheld the detention order

An appellate court upheld the pretrial detention of a former Joliet Outlaws motorcycle club member who for a second time is facing charges of killing a woman and hiding her body.

Carlson “failed to make the adequate findings” required by the SAFE-T Act and he then “retired from the bench,” according to [Appellate Court Justice Lance Peterson]. […]

While Boshears has no criminal history, his dangerousness was evident from the “nature and circumstances of the offenses,” his access to weapons and his first murder conviction, the appellate court noted.

More details about the crime are in the appellate ruling, so click here. Ugh. That is one dangerous defendant, and that was a very dangerous judicial temper tantrum.

Also, the county state’s attorney sued to block the SAFE-T Act from taking effect. And now, that same state’s attorney has successfully used the new law to keep a dangerous person behind bars.

Funny how life works.

       

12 Comments »
  1. - Nick - Thursday, Jan 16, 25 @ 12:33 pm:

    >>>Carlson said he was not going to get into the politics surrounding the SAFE-T Act or his own feelings regarding it

    And yet he very obviously did, womp.


  2. - Telly - Thursday, Jan 16, 25 @ 12:38 pm:

    == puts judges in a “really, really bad spot.” ==

    He’s saying the quiet part out loud. Cash bail kind of served as a CYA for judges in bond court. It shielded them from the criticism they might face if a suspect they released committed a new crime while awaiting trial. Because of the Safe-T Act, that shield is gone. They have to make a binary decision to hold or not hold a suspect. Cash bail was a middle ground that helped them avoid some accountability.


  3. - Numbers - Thursday, Jan 16, 25 @ 12:49 pm:

    The SAFE-T Act has shown the number of Illinois judges that are incapable or unwilling to read and understand a new law.


  4. - Original Rambler - Thursday, Jan 16, 25 @ 12:52 pm:

    Judges get paid the big bucks to make hard decisions. Amazing how Carlson ran when he was faced with actually performing the responsibilities of the job. Weak. The more I see how the Safe-T-Act is being implemented the more I’m impressed with it. Well done IGA.


  5. - charles in charge - Thursday, Jan 16, 25 @ 1:15 pm:

    ==Cash bail kind of served as a CYA for judges in bond court. It shielded them from the criticism they might face if a suspect they released committed a new crime while awaiting trial. Because of the Safe-T Act, that shield is gone.==

    DING DING DING

    This is it, exactly. It’s the same reason why some prosecutors and their surrogates keep complaining about the Act’s requirement that, in order to have someone jailed pretrial, prosecutors must ask for detention. It’s 100% about avoiding accountability.


  6. - Lincoln Lad - Thursday, Jan 16, 25 @ 1:28 pm:

    Don’t know the judge, was he throwing a tantrum and let a dangerous defendant out as part of it, or was he perhaps at a stage of his life that it was best that he leave the bench and retire?


  7. - charles in charge - Thursday, Jan 16, 25 @ 1:51 pm:

    ==Don’t know the judge, was he throwing a tantrum and let a dangerous defendant out as part of it, or was he perhaps at a stage of his life that it was best that he leave the bench and retire?==

    Both things could easily be true.


  8. - charles in charge - Thursday, Jan 16, 25 @ 1:54 pm:

    ==was he perhaps at a stage of his life that it was best that he leave the bench and retire?==

    Carlson is 52 years old, for the record. Maybe he never should have been on the bench in the first place?


  9. - TheInvisibleMan - Thursday, Jan 16, 25 @ 1:59 pm:

    “Funny how life works.”

    Indeed.

    Back in 2004 - 2005 this judge was also briefly an ASA working under the same current SA who fought to prevent the SAFE-T act. Now that he’s retired as a judge, he’s opened a law office to practice law - in Will County.

    And if the name of that current Will county ASA mentioned in the story sounds familiar, he had his own legal troubles when he was the Chief ASA of neighboring Kendall County. Last month, the ARDC hearing board found him in violation of 2 of the 3 charges brought against him.


    December 2024

    The Hearing Board recommended a three-year suspension due to Respondent’s serious misconduct, minimal mitigation, and significant aggravation, including betraying the public trust, engaging in a selfish pattern of misconduct, and lacking remorse for the harm he caused

    https://www.iardc.org/File/View/4915-1741-5686?FileName=In%20re%20Mark%20A.%20Shlifka%2C%20Attorney%20Number%206198254.pdf

    That’s the current ASA in Will County, right now. Continuing on with what seems like zero consequences for his behavior.

    Funny stuff.


  10. - charles in charge - Thursday, Jan 16, 25 @ 2:28 pm:

    ==That’s the current ASA in Will County, right now. Continuing on with what seems like zero consequences for his behavior.==

    Has any reporter asked Jim Glasgow why he would hire this creep Shlifka? Perhaps they should . . .


  11. - JoanP - Thursday, Jan 16, 25 @ 2:30 pm:

    @ TheInvisibleMan -

    I think you’ve got the wrong Mark Shlifka. There is a Mark A. Shlifka and a Mark Allen Shlifka. Mark Allen is an ASA in Will County; Mark A. is the former Kendall County ASA, now in private practice.


  12. - Jim Rosen - Thursday, Jan 16, 25 @ 2:40 pm:

    @TheInvisibleMan -

    The Shlifka in Will County is not the same one in Kendall County and also way younger as well. Possibly his son.


TrackBack URI

Uncivil comments, profanity of any kind, rumors and anonymous commenters will not be tolerated and will likely result in banishment.



* Welch tempers earlier remarks about state funding for Bears' Michael Reese site
* Isabel’s afternoon roundup
* Roundup: Defense rests case in trial of ex-Speaker Madigan
* Judge's SAFE-T Act tantrum overturned by appellate court
* The bookies who cried 'Wolf'
* How the heck do these things even happen?
* It’s just a bill
* Open thread
* Isabel’s morning briefing
* Live coverage
* Selected press releases (Live updates)
* Isabel’s afternoon roundup
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
January 2025
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller