* Six months to the day after the Highland Park massacre, the Daily Herald reports at length on some of the shooting victims. Here’s a very small excerpt…
Liz Turnipseed and her husband, Ian, had been hyping the Highland Park parade for weeks to their 3-year-old daughter, Sonia, who’d spent much of her life in lockdown because of the pandemic.
Their excitement, though, quickly turned to horror on the parade route.
In a moment that “felt like a sonic boom,” Liz Turnipseed, 41, was spun around and thrown to the ground as a bullet struck her in the pelvis.
“I wasn’t knocked out, but I was on the ground and trying to get up,” she said. “And then there was unbearable, sharp, burning pain.”
She immediately looked for her daughter but saw only an overturned stroller. It’s an image that still haunts her.
Her panic eased when she saw her husband holding Sonia. Unable to walk, and with gunfire still raging, Turnipseed told her husband to leave her behind and get Sonia to safety.
…Adding… Protect Illinois Communities has a new TV ad on the assault weapons ban…
Script…
We can save lives right now. But to make a real difference, a new gun safety law must include three things. First, ban the sale of assault weapons and high-capacity magazines. Second, require assault weapons to be certified to reduce gun violence. And third, reduce the number of high-capacity magazines in circulation to prevent mass shootings. Tell your legislators: it’s time to take a stand. Pass the Protect Illinois Communities Act now.
* Giannoulias release…
CHICAGO,IL - Illinois Secretary of State-Elect Alexi Giannoulias today announced several senior staff members who will assist in leading his administration.
“I’m proud to announce an executive team that brings immense talent, strong experience and diverse perspectives from both the public and private sectors,” Giannoulias said. “These individuals represent an exemplary group of leaders who will assist in implementing an ambitious agenda that Illinoisans elected me to accomplish.”
In December, Giannoulias announced that Hanah Jubeh and Scott Burnham will both hold the title of Deputy Secretary of State when he takes office on January 9.
The latest appointments include:
Kathleen Nelson, Chief of Staff
Kathleen has spent her career in senior level private industry and public sector positions in law, finance, real estate and government. Most recently, she was employed at Cushman & Wakefield representing clients on industrial, office and retail assignments. Prior to joining Cushman, Kathleen served as the Managing Director, General Counsel and Corporate Secretary for Ziegler Capital Management. The bulk of Kathleen’s career was spent with the City of Chicago, Department of Planning and Development where she held mayoral appointed positions, including First Deputy Commissioner and Managing Deputy Commissioner. Prior to working with the City, Kathleen worked as a litigation attorney specializing in tort and contract law.
Sheleda Doss, Chief Deputy/Downstate Operations
Sheleda serves as chief of staff for the Illinois Department of Financial and Professional Regulation (IDFPR) where she develops the agency’s long- and short-term plans and goals and acts as an advisor to the Secretary. Previously, Sheleda was the Chief Operating Officer for the Illinois Department of Transportation (IDOT) and acted as the principal agency-wide policy advisor and provided oversight for the operations and strategy integration. She also held the title of Deputy Director of Legislative Affairs under State Treasurer Mike Frerichs from 2015 to 2019. A Springfield native, Sheleda began her public service career as legislative liaison in the office of then State Treasurer Giannoulias in 2008.
Aileen Kim, Chief Deputy/Public Programs
Aileen most recently served as a Special Advisor to the Chief of Staff at the U.S. Department of Education, where she oversaw the execution of priority projects and initiatives that advanced the goals of the Biden-Harris Administration. Prior to her work at the Department, Aileen worked at Tusk Philanthropies/Tusk Strategies and Civitas Public Affairs Group where she developed and managed advocacy and electoral campaigns for Fortune 500 companies, early-stage tech startups, foundations and philanthropists, and non-profit organizations in states across the country. She returns to public service in Illinois after having begun her career as District Director for State Representative John D’Amico.
Aimee Pine, Chief Deputy/Administrative Operations
Aimee is an executive level human resources and operations professional with over 20 years of experience in government, political and non-profit sectors. From 2014 through 2022, Aimee served as the Chief Operating Officer for Illinois Treasurer Mike Frerichs. Prior to that, she worked as the Chief Operating Officer and Chief of Staff for Illinois Lieutenant Governor Sheila Simon. Aimee also worked as the Director of External Affairs, Scheduling and Special Projects when Giannoulias served as Treasurer from 2007 to 2011. She is skilled in strategic planning, and can integrate policy positions involving employee, operational, community, and political issues.
Lashaunna D. Sims-Davis (Shaunna), Chief Deputy/External Affairs
Shaunna previously held the role of Director of Community Development Initiatives for the University of Chicago where she was responsible for community economic development efforts near campus. Shaunna was also the Deputy Procurement Officer at the City of Chicago, developing relationships through targeted outreach and increasing awareness of various incentives and programs. In addition, she served as the Political Director to Mayor Rahm Emanuel, worked in the Mayor’s Office of Legislative Counsel and Government Affairs, serving as a primary contact between the City Council and the administration, assisting in legislative affairs and working with the elected officials.
Vanessa Uribe, Chief Deputy/Driver’s-Vehicles Services
Vanessa most recently served as Chief of Staff for the Illinois Department of Commerce and Economic Opportunity, the state’s lead economic development agency, playing an integral role in the execution of pandemic- relief small business grants and the inaugural launch of the state’s cannabis social equity loan program. As Deputy Director of the Office of Minority Economic Empowerment, she led efforts to increase access to resources and opportunities for an inclusive and equitable business ecosystem. Prior to DCEO, Vanessa managed strategic initiatives for Cook County’s Bureau of Economic Development, including nationally recognized public-private partnerships and special programs like the 2020 Census, and oversaw the national affiliate network for Unidos US.
A measure that Illinois winemakers are looking to get passed in the lame-duck session of the Illinois General Assembly is designed to reduce the annual wine manufacturers’ fee back to the pre-COVID amount.
Senate Bill 1001 would reduce the wine manufacturers’ fee from $1,250 to its previous amount of $750 annually, which was in place before the COVID-19 pandemic. The measure passed the Illinois Senate last year but has yet to pass the House. Lame duck session begins Wednesday and ends Jan. 10.
State Rep. Michael Zalewski, D-Riverside, told The Center Square that lawmakers are working to provide winemakers some relief.
“The winegrowers got swept up in something they did not mean to get swept up in,” Zalewski said. “This is meant to ease the burden on them a little bit. I think we increased fees for a broad range of alcohol growers, and we did not mean for that to be the case.”
* Press release…
Today, Governor JB Pritzker visited the Carole Robertson Center for Learning in the Little Village neighborhood of Chicago to highlight historic investments in early childhood education under his administration. The Governor was joined by Senator Cristina Pacione-Zayas, Senator Celina Villanueva, and Representative Camille Lilly.
“Since day one of my administration, one of my top priorities has been making Illinois the best place to live and raise a family,” said Governor Pritzker. “The expansion of our childhood care and education programs is honoring that pledge and setting up our youngest Illinoisans for a successful lifetime of learning. One of the most fiscally responsible investments that we can make is to focus our dollars on our youngest children. This leads to higher graduation rates, higher college attendance rates, greater lifetime earnings, and greater overall wellbeing.”
During his administration, Governor Pritzker has committed the largest amount in Illinois history to expanding and improving early childhood education across Illinois. Throughout the last year, Illinois has expanded its continued investments in the state’s early childhood care and education system in the following ways:
• Extending and expanding the Strengthen and Grow Child Care (SGCC) grant program through July 2023. These grants provide funding for eligible childcare centers and homes.
• Extending the Child Care Assistance Program (CCAP) eligibility for job seekers through June 2023.
• Enabling more families to access Child Care Assistance Program Benefits than ever before by lowering income thresholds and expanding benefits.
• Launching the “I Got Love/¡Siento Amor!”—a statewide enrollment campaign for childcare and early education services.
• Increasing access to healthy food options in schools across the state, providing Illinois children with the well-rounded, nutritious meals vital to a healthy learning environment.
• Enacting the Children’s Behavioral Health Transformation Initiative to evaluate and redesign the delivery of behavioral health services for children and adolescents throughout Illinois.
Increasing access to healthy food options in schools across the state, providing Illinois children with the well-rounded, nutritious meals vital to a healthy learning environment.
Enacting the Children’s Behavioral Health Transformation Initiative to evaluate and redesign the delivery of behavioral health services for children and adolescents throughout Illinois.
Gov. J.B. Pritzker said Wednesday that he is “comfortable and confident” a state law ending cash bail that was set to take effect New Year’s Day is constitutional despite a court ruling to the contrary, but that supporters will “come back at it” if the lower court ruling stands. […]
Pritzker on Wednesday said he anticipates a decision “sometime in the next few months.”
While the governor said he and the lawmakers who voted for the law believe it is constitutional, they will “come back at it” if the high court rules otherwise.
* Crain’s | Chicago, suburbs will combine economic development pitch: In an unusual display of regional unity, top elected officials from the metropolitan area today are scheduled to announce a new, joint effort to spur economic development in the Chicago metro area. Officials including Mayor Lori Lightfoot, Cook County Board President Toni Preckwinkle and DuPage County Board Chair Deb Conroy are unveiling what’s being billed as an initiative to improve the region’s global competitiveness by presenting a common pitch to the outside world, rather than competing with each other.
* Daily Herald opinion | If only there were more like Jesse White in Illinois government: To refer to Jesse White as Illinois’ longest-running secretary of state feels like a disservice to a man who has lived more lives and done more things than many of us could dream of. His 24 years as secretary of state is but the latest chapter in a remarkable life — but certainly not the last.
* Tribune | Twitter says it will relax ban on political advertising: “We also plan to expand the political advertising we permit in the coming weeks,” the company said from its Twitter Safety account. Twitter banned all political advertising in 2019, reacting to growing concern about misinformation spreading on social media.
* Vox | The ultrarich are getting cozy in America’s tax havens at everyone else’s expense: Illinois’ flat income tax is one example of a regressive state tax system, in which the tax burden decreases the richer someone is. They are designed for the benefit of the wealthy — and sometimes by the wealthy — at the expense of low- and middle-income taxpayers.
* Tribune | Former mayor candidate Ray Lopez throws support behind Willie Wilson for Chicago’s top job: “He will be a mayor that respects and unites ethnic neighborhoods all across Chicago,” Lopez said. Lopez had announced his own bid for mayor but was unable to match some of his rivals in fundraising and ended up filing to run for reelection to the Southwest Side 15th Ward seat he’s held for two terms. Lopez is a loud supporter of Chicago Police and has been criticized for harsh rhetoric on crime.
* Daily Herald | Bears subsidy critic tossed from Arlington Heights ballot: An Arlington Heights village board candidate who is a critic of possible public subsidies for the Chicago Bears was tossed from the ballot Tuesday, making the April 4 trustee race uncontested. Martin Bauer didn’t have the required number of signatures on his nominating petitions to run in the spring election, the village’s electoral board ruled, after three separate but similar objections to Bauer’s candidacy were filed.
* Daily Journal | Daily Journal alters daily service: Beginning the week of Jan. 9, the Journal will publish and provide a printed newspaper for its readers on Monday, Wednesday and Saturday, meaning the newspaper will provide an e-edition-only newspaper on Tuesday and Thursday.
* Patch | At Least 6 Tornadoes Hit Central Illinois Tuesday: The National Weather Service on Tuesday evening issued tornado warnings throughout Central Illinois, where winds reached speeds of more than 40 mph and produced penny-sized hail in some areas. Reports indicated that tornadoes started moving through the Decatur area shortly after 5 p.m. and several nearby communities were expected to be affected in rapid succession.
* Crain’s | This brash real estate investor helped convict Tony Rezko. Now, he’s in bankruptcy.: The filing represents a new low in the roller-coaster life of a fast-talking dealmaker who bragged last year that he had amassed a net worth of $150 million since his 2017 release from federal prison. But some of his real estate investments have soured over the past year or so, including a former hospital in Elgin and an apartment development in St. Paul, Minn.
In the fight against climate change, national goals are facing local resistance. [Piatt County, Illinois] scheduled 19 nights of meetings to debate one wind farm [in Monticello]. […]
In the fight against global warming, the federal government is pumping a record $370 billion into clean energy, President Biden wants the nation’s electricity to be 100 percent carbon-free by 2035, and many states and utilities plan to ramp up wind and solar power.
But while policymakers may set lofty goals, the future of the American power grid is in fact being determined in town halls, county courthouses and community buildings across the country. […]
In Piatt County, population 16,000, the project at issue is Goose Creek Wind, which has been proposed by Apex Clean Energy, a developer of wind and solar farms based in Virginia. Apex spent years negotiating leases with 151 local landowners and trying to win over the community, donating to the 4-H Club and a mental health center. […]
The website of a group called Save Piatt County!, which opposes the project, is rife with fallacies about renewable energy and inaccuracies about climate science. On Facebook pages, residents opposed to the project shared negative stories about wind power, following a playbook that has been honed in recent years by anti-wind activists, some of whom have ties to the fossil fuel industry. The organizers of the website and Facebook groups did not reply to requests for comment. […]
A few miles down the road is Gallagher Farms, another multigenerational operation. Like Mr. Bragg, Ms. Gallagher, 34, believes in climate change. She has invested in cover crops, which absorb carbon and lock it away in the soil, and other regenerative agriculture practices.
But Ms. Gallagher is opposed to the project. The aerial seeding of cover crops will cost more with wind turbines nearby and make it harder for her to sustainably farm. The use of heavy equipment to install turbines can disrupt drainage patterns in agricultural land, and Ms. Gallagher believes her farm will suffer.
The General Assembly must take swift legislative action to defend CEJA and stop these bad-faith attack campaigns before it’s too late. There is a bill before the legislature during this “lame duck” session, which starts today.
Please help us build support to end these bans by asking your legislators to support legislation that does the following:
• removes overburdensome local bans and siting regulations
• keeps intact and prioritizes protections for endangered species and natural areas
• encourages good conservation practices at utility-scale clean energy sites
At Least 15 Counties have Effectively Banned or Significantly Hindered Renwables
This ordinance adopted by the Moultrie County Board on May 12, 2022 killed at least two wind projects in the planning stages and prevents others from even being contemplated.
A letter from a Moultrie County farm owner in support is here.
* The Question: Regardless of this particular bill, should there be statewide siting standards for wind and solar farms?
The spotlight will be on Springfield this week as the Legislature returns for its pre-inaugural lame-duck session with a pair of key business-related measures now reportedly on a fast track.
The first is the proposed package of electric vehicle incentives, including a huge “deal-closing fund,” that Gov. J.B. Pritzker wants. Team Pritzker hopes that will be enough to convince Stellantis and partners to invest in converting the soon-to-be-shuttered Belvidere assembly plant to EV production.
As of Monday, multiple capitol sources said the measure appears to be in good shape, with lawmakers fine-tuning what type of oversight they’d have on the fund, which could hit $1 billion. Sources say the governor and aides have been regularly meeting with Stellantis and that Pritzker recently sat down with the local United Auto Workers union.
Also percolating: a measure that would give workers statewide seven paid days off a year for sick leave, family emergencies, etc. Business groups supported the measure because, as originally drafted, it would have preempted even stronger requirements elsewhere, like in Chicago, which could raise its current five-day mandate. But the latest word is the preemption clause is out at the request of organized labor but over the opposition of business.
Labor unions, progressives and Chicago’s mayor killed that paid sick leave bill last year because of the preemption clause.
* Rep. Carol Ammons (D-Urbana) announced a couple of weeks ago that she wants to be appointed to the seat once held by the late Sen. Scott Bennett…
Three applicants have made their interest in the seat public — state Rep. Carol Ammons, D-Urbana, City of Champaign Township Supervisor Andy Quarnstrom and Cindy Cunningham, who ran unsuccessfully for the Illinois House seat currently held by state Rep. Mike Marron, R-Fithian.
Ammons and her supporters, including Cunningham Township Supervisor Danielle Chynoweth, argue Ammons is the vastly superior choice. But while she has strong supporters in the local Democratic Party, she also has virulent critics.
Commenting on The News-Gazette’s Facebook page, former Champaign City Council member Clarissa Fourman said of Ammons’ interest, “No. Just NO.”
The decision over who replaces Bennett falls to the Democratic Party Chairs of Champaign and Vermillion County, but Champaign’s Democratic Party will ultimately have way more weight in the decision. […]
If Ammons is chosen, then the Champaign Democratic Party would also need to appoint a replacement to her seat in the House of Representatives, but the 30-day counter would start over.
Rep. Ammons has plastered her Instagram account with testimonials…
I have decided to submit my name for the vacancy in the Illinois 52nd Senate District.
The decision was clearly not an easy one to make. But I’m confident in my vice chair and the advisory committee we’ve convened. I will recuse myself from the process and let my vice chair run the process. She has a wealth of experience and has been an active supporter of other candidates who have submitted their names. I am confident that she will do a wonderful job.
I want to be the senator from the 52nd State Senate District, and I will be doing everything I can to convince both chairs that I would be a good choice: with knowledge of both counties, a desire to honor Scott’s legacy, and a track record of winning elections and delivering on campaign promises. Whoever is chosen will have my support.
…Adding… With a hat tip to a commenter, here’s the list of applicants…
Andrew Quarnstrom
Carol Ammons
Cristina M Manuel
Cynthia Cunningham
David Palmer
Gianina Baker
Kyle Patterson
Matthew Sullard
Mickensy Ellis-White
Mike Ingram
Paul Faraci
* New member…
Rep. Huffman will serve until Jan. 11. The two-year term former Rep. Butler was elected to in November, which begins that day, is expected to be filled by Saputo’s owner Mike Coffey. #twillhttps://t.co/0kl9TltMUF
Illinois is set to receive $354.6 million in federal funding for four state programs to help small businesses, the U.S. Treasury announced.
The money will help Illinois small businesses attract more capital investment and expand or launch business operations, Gov. J.B. Pritzker’s administration said in a statement.
Todd Maisch, president and CEO of the Illinois Chamber of Commerce, welcomes the funding but has reservations about the Pritzker administration’s overall commitment to small business.
“If the governor renews his effort to bring back the graduated income tax or steps up the timetable for increasing the minimum wage, he will completely erase $350 million and probably increase costs to small businesses by at least a billion dollars,” Maisch told The Center Square.
* Sun-Times | Durbin pushing through historic diversity on federal bench: “I’m pretty proud of what we’ve been able to achieve,” said Illinois Sen. Dick Durbin, who starts a second term as chairman of the Senate Judiciary Committee when the new 118th Congress kicks off on Tuesday.
* Sun-Times | Madigan’s downfall sparks new career for former aide: Selling weed in Michigan: Last summer, Noonan began what he hopes will be a mellower, second career as an owner of an organic marijuana farm and certified “ganjier” in this small city in southwest Michigan. Noonan, 54, says he’s done with politics in Illinois and is dedicating himself to fighting for “the craft weed revolution” in his new home on the other side of Lake Michigan.
* Crain’s | Bears interview Big Ten commish Kevin Warren for top job: report: The Chicago Bears have interviewed Big Ten conference Commissioner Kevin Warren, who is considered a finalist for the team’s soon-to-be vacant president and CEO position, the Chicago Sun-Times reports, citing an unnamed source.
* Tribune | Inflation won’t stop 2023 auto sales growth amid chip recovery: Two years of semiconductor shortages and supply problems have kept vehicle production low and inventories lean. With factories picking up pace again, consumers will buy more vehicles this year even if automakers have to help them manage rising interest rates by cutting today’s lofty prices.
* Crain’s | ‘Battery Belt’ will be a new kind of job magnet: In 2022 we saw industrial policy passed by Congress intersect with investment plans from major manufacturers and startups, all emphasizing the future need for batteries for energy storage.
* Sun-Times | Howard Brown Health workers begin three-day strike: Workers on a three-day strike demonstrated outside a Howard Brown Health center Tuesday to denounce the organization’s decision to layoff a group of 61 union workers in the midst of contract negotiations.
* Crain’s | Chicago’s most famous chef was also a lousy businessman: In a new documentary film about Chicago’s Charlie Trotter, the superstar chef declares in archival footage, “Basically, I hate people.” A constantly frustrated perfectionist in the kitchen, he was talking about customers, employees and suppliers.
* Tribune | Lawmakers in New York get pay raise making them nation’s best-paid: Just in time for the New Year, New York lawmakers have become the highest paid state legislators in the nation under a bill signed Saturday. Members of both houses are getting a pay raise of $32,000, for a base salary of $142,000, under a bill Gov. Kathy Hochul signed a day before her inauguration Sunday. That’s a 29% raise over their previous salary of $110,000.
* Crain’s | Exelon to stay based in Chicago: Calvin Butler, who with the new year takes the reins as CEO of the giant utility holding company, is moving back to Chicago, and the company “is and will remain” headquartered here, a spokeswoman said this morning.
* WTTW | ‘Surviving R.Kelly’: Final Installment Examines Trial and More Details: “Surviving R. Kelly Part III: The Final Chapter” is a two-part look at the legal fallout Kelly has faced. He was sentenced to 30 years in prison in June following his 2021 conviction on federal racketeering and sex trafficking charges, stemming from his efforts over decades to use his fame as a top-selling recording artist and songwriter to ensnare victims he sexually abused.
* Crain’s | Developers pitch $1.2 billion of LaSalle Street residential conversions: Some of Chicago’s best-known developers are collectively pitching more than $1.2 billion-worth of projects to turn outdated office buildings on and near LaSalle Street into places to live, a key step toward what could be a historic transformation of the vacancy-ridden Loop thoroughfare.
* Gov. Pritzker told the Tribune that his plans for his second term revolve around budget stability. When pressed, however, he said this…
Pritzker said he intends to make improving education, from early childhood through college, and expanding access to child care major priorities of the coming term. That includes proposals to make public colleges tuition-free for students whose families earn at or below the median income and to raise the income cutoff for families to qualify state child care assistance. He also wants to expand the availability of child care statewide and of mental health and substance abuse treatment, particularly downstate. […]
“If we can continue to run surpluses, then surpluses no longer become an extraordinary item,” he said. “Surpluses become a regular part of a budget that allows you either to invest in education or to cut taxes or to invest in maintaining human services in Illinois.”
Pritzker, however, wouldn’t commit to providing during his second term the level of additional money advocates have said is necessary each year to meet the state’s funding target for elementary and secondary schools.
But Pritzker put the onus to deliver relief largely on local governments, which levy property taxes and receive the revenue, by pointing to increases in state funding for schools and local governments during his first term, as well as spending on infrastructure under his Rebuild Illinois capital construction plan.
“Local governments have the ability to do it right now — and should,” Pritzker said.
Thoughts?
*** UPDATE *** From the governor’s office…
Since Governor Pritzker took office, over $1.1 billion annually has been allocated to local governments to assist with costs over and above what they were previously receiving from the state. This is on top of the 49% increase in revenue sharing to local governments over Governor Pritzker’s first term.
Background…
OVERALL LOCAL GOVERNMENT SUPPORT
Income tax revenue sharing with locals increased 49% over the last 4 years. In FY19 LGDF was $1.342B. In FY22, LGDF was $2.00B – an increase of $658M or 49%.
Support for locals enacted since Governor Pritzker took office includes:
• An additional $200 million a year in sales taxes from the passage of internet sales tax language following the Wayfair decision, including the Leveling the Playing Field for Illinois Retail Act, to help ensure compliance with state tax laws on internet sales.
• Over $600 million annually in additional motor fuel taxes directed to local governments and transit districts to support needed transportation projects through the passage of Rebuild Illinois.
• Granting $1.5 billion in state transportation bond funds directly to local governments for road and highway project expenditures, saving local governments $110 million annually in debt service costs from not issuing local bonds.
• Authorization of adult-use cannabis, generating an estimated $91 million in additional revenues for local governments.
• Increased allocations through the Local Government Distributive Fund process totaling $46 million annually from business loophole closures included in Public Act 102-16.
• Increased tax rates and positions for video gaming operations is expected to generate an additional $70 million a year for local governments.
• Anticipated additional local revenues from the opening of new casinos authorized under the Rebuild Illinois plan.
A Kankakee County judge has found that a key provision of Illinois’ sweeping criminal justice law violates the state constitution, potentially rolling back a controversial measure that would eliminate cash bail as of New Year’s Day, according to a copy of the judge’s ruling.
The judge’s ruling affects only the pretrial release provisions of the law, leaving all other measures of what is known as the SAFE-T Act intact.
* Most of the plaintiffs’ case was tossed out, including the alleged violations of the “single subject rule” and the three readings requirement, vagueness, etc. The dispute over the meaning of “sufficient sureties” was key and that’s what will be appealed…
The court finds under the Act, that “persons are no longer bailable with sufficient sureties” pursuant to the pretrial release provisions of the Act because ‘sufficient sureties’ does involve monetary bail as one of the conditions of bail which is abolished with the Act. See Article I, Sec. 9 of the Illinois Constitution. The court also finds with regard to the Separation of Powers challenge, that the passage of the Act also violates the separation of powers clause of the Illinois Constitution found at Article II, Sec. 1. Summary judgment is entered in favor of plaintiffs and against defendants as to Counts III and V only as they relate to the pretrial provisions of the Act.
As I’ve told you several times before, the Illinois Supreme Court’s Commission on Pretrial Practices defined bail this way in its final report…
Bail: The process of releasing a defendant from custody with conditions set to reasonably assure public safety and court appearance. […]
“Bail” is often used to refer to the amount of cash that a defendant must post as a condition of release. “Bond” is sometimes treated as a synonym of “bail.” Understood properly, “bail” – which literally means, “release” – is a process of releasing a defendant from custody on conditions designed to assure both public safety and the person’s appearance in court. A “bond” occurs whenever a defendant enters an agreement with the court. The agreement may, but need not necessarily, include a financial condition, but can also or instead include a variety of other conditions such as electronic monitoring, curfews, supervised visits or appointments, etc.
In Count VIII, Plaintiffs are seeking a preliminary injunction against defendants to prevent the enforcement of the bail provisions in Public Act, 101–652 and Public Act 102-1104 until all of the plaintiffs’ claims in this case can be fully litigated. […]
The court finds that a preliminary injunction is not appropriate at this juncture of the case. A preliminary injunction is a provisional remedy granted to preserve the status quo until the case can be decided on the merits.” Hensley Construction, LLC., The Pulte Home Corporation v. Del Webb Communications Of Illinois, Inc.. 399 Ill. App., 3d 184, 190. We are well past the beginning stage of this suit where a preliminary injunction might be warranted. The case is being decided on the merits, by way of cross motions for summary judgment. This will result in a final appealable decision by the trial court. Therefore, the Court grants summary judgment in favor of defendants and against plaintiffs on Count VIII.
The state will appeal the decision to the state Supreme Court, according to a statement late Wednesday from Illinois Attorney General Kwame Raoul. His office noted that the ruling only applies to jurisdictions that fall under the 64 lawsuits against Raoul, Gov. J.B. Pritzker and other state officials. The ruling does not apply to Cook County.
Peoria County State’s Attorney Jodi Hoos says though her office did not participate in the ruling, they are required to follow it.
In a release, she said that when a statute is unconstitutional, the statute becomes invalid and has no force or effect on anyone.
“As a result, and until the Illinois Supreme Court provides further clarification, we will abide by this ruling and not implement the new bail reform,” she said. “This office remains committed to following the law and is hopeful the Supreme Court will bring finality to this topic in the near future.”
Last night, Kankakee County State’s Attorney Jim Roe said in a release that the pre-trial provisions and bail reform will not go into effect in the 65 counties that were party to the lawsuit.
Clear as mud.
* On to react. AG Raoul…
Attorney General Kwame Raoul today issued the following statement in response to Kankakee County Circuit Court Judge Thomas W. Cunnington’s opinion that the pretrial release portions of the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act violate Illinois’ Constitution. The court’s opinion does not disturb other portions of the SAFE-T Act that have been in effect for more than a year.
“Although the court’s decision is binding in the 64 cases that were consolidated in Kankakee County, it is important to note that it is not binding in any other case, including those involving criminal defendants in any of the state’s 102 counties. To definitively resolve this challenge to the pretrial release portions of the SAFE-T Act, Governor Pritzker, the legislative leaders named in the consolidated cases and I intend to appeal the circuit court’s decision directly to the Illinois Supreme Court, where we will ask the court to reverse the circuit court’s decision.
“Most of the SAFE-T Act’s provisions have been in effect for more than a year, and regardless of today’s circuit court decision, all parts of the SAFE-T Act, including the pretrial release portions addressed in the court’s decision, will go into effect Jan 1. For instance, the right of individuals awaiting criminal trials – people who have not been convicted of a crime and are presumed innocent – to seek release from jail without having to pay cash bail will go into effect in a few short days, despite the court’s ruling against those provisions. Illinois residents in all counties should be aware that the circuit court’s decision has no effect on their ability to exercise their rights that are protected by the SAFE-T Act and the Illinois Constitution.”
* Gov. Pritzker…
Following Kankakee County Circuit Court Judge Thomas W. Cunnington’s ruling that the pretrial release provisions of the SAFE-T Act are unconstitutional, Governor JB Pritzker released the following statement.
“Today’s ruling is a setback for the principles we fought to protect through the passage of the SAFE-T Act. The General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. We cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail. I thank the Attorney General for his work on this case and look forward to the Illinois Supreme Court taking up the appeal as soon as possible.”
* Illinois Network for Pretrial Justice…
The following is a statement from the Illinois Network for Pretrial Justice on the SAFE-T Act lawsuit ruling:
“Today, a Kankakee County judge sided with the 58 State’s Attorneys and sheriffs suing Illinois over the SAFE-T Act. This disappointing ruling is as political as the frivolous lawsuits that spurred it. The decision from Judge Thomas W. Cunnington could delay justice in counties across the state but will not deny it. The court did not issue an injunction and the Pretrial Fairness Act will still be the law in Illinois on January 1st. We anticipate that this poorly reasoned decision will be swiftly corrected by the Illinois Supreme Court.
“In the nearly two years since the Pretrial Fairness Act was passed into law as part of the SAFE-T Act, some members of law enforcement have been trying to undermine it. Their efforts have not been about justice or public safety; they are simply about preserving the power to jail people because they’re poor.
“Delaying the implementation of the Pretrial Fairness Act harms marginalized communities and survivors of violence. The current money bond system prioritizes access to wealth over public safety. Every year, thousands of people lose their jobs, housing, and custody of their children—not because a judge believes they’re dangerous, but only because they don’t have the money to buy their freedom. By protecting the status quo, the State’s Attorneys and sheriffs behind this lawsuit are making our communities less safe.
“Not all members of law enforcement have participated in these efforts to deny justice and undermine historic racial justice reforms. Some members of law enforcement have worked diligently to prepare for successful implementation on January 1st either in their own counties or as part of working groups led by the Administrative Office of Illinois Courts. Others participated in negotiations throughout the summer and fall to develop clarifying amendments to the law, which were passed earlier this month. Notably, the State’s Attorneys representing two of Illinois’ largest counties and a combined 47% of the population of the state, Cook and Lake, have championed the reforms included in the Pretrial Fairness Act long before they even became law. State’s Attorneys representing the second and fifth largest counties, DuPage and Kane respectively, were active participants in legislative negotiations and the Champaign County State’s Attorney testified in favor of the amendments made just weeks ago.
“While many counties have diligently worked to prepare for the end of money bond, the State’s Attorneys behind these lawsuits have been working to preserve one of the greatest racial and economic injustices in our legal system.
“The Illinois Network for Pretrial Justice stands by the Pretrial Fairness Act and is ready to work with the stakeholders in all counties to ensure that the law is successfully implemented after the Supreme Court responds to today’s ruling.”
The Champaign SA was neutral on the bill.
* Leader Durkin…
After today’s court ruling declaring the SAFE-T Act’s provision ending cash bail as unconstitutional, Illinois House Republican Leader Jim Durkin (R-Western Springs) issued the following statement.
“Today’s ruling is a victory for the often neglected victims of crime and the men and women of law enforcement who wear the badge every day. Legislation of this magnitude must not only be judged on substance, but also on process. In that regard, the Illinois Democrats failed Illinoisans.
“In order to fix this one-sided, anti-law enforcement, and anti-victim act, it is imperative to have a transparent and substantive negotiation with all interested parties, not just a few stakeholders and political insiders. The people of the State of Illinois deserve nothing less.”
Not sure what that process argument is about.
* Leader-elect McCombie…
State Representative and House Republican Leader-elect Tony McCombie issued the following statement tonight following a Kankakee County Circuit Court ruling declaring the cashless bail provisions unconstitutional:
“Today’s ruling by Circuit Judge Thomas Cunnington was the correct one,” said House Republican Leader-Elect Tony McCombie. “Republicans have loudly and consistently voiced the many concerns with the SAFE-T Act since its passage during the lame-duck session nearly two years ago. Many provisions within the act put victims, law enforcement and communities throughout Illinois at-risk for disastrous outcomes. I am grateful the courts have ruled on the side of common-sense and am hopeful that any appeal will be upheld to protect Illinois families and the most vulnerable throughout the state.”
* ILGOP…
This morning, Illinois Republican Party Chairman Don Tracy issued the following statement celebrating the court decision striking down the cashless bail provision in the [Un] SAFE-T Act:
“Cashless bail was slated to go into effect across Illinois this Sunday. This law would have severely limited the ability of judges and prosecutors to keep dangerous criminals off of the streets thereby exporting the epidemic of lawlessness we’ve seen in certain parts of Chicago throughout the rest of our state. The Circuit Court ruling which rightly declared it unconstitutional is a win for public safety, and the businesses and residents of Illinois, if upheld by the Illinois Supreme Court. For now, it should serve as a message to Governor Pritzker and Democrat legislators that they can’t subvert our constitutional process by ramming their unpopular and dangerous soft-on-crime policies through the legislature in the dark of night.”
* Leader McConchie…
Following the December 28 ruling by a Kankakee County Circuit Judge, who declared the pretrial release portion of the SAFE-T Act unconstitutional, Senate Republican Leader Dan McConchie (R-Hawthorn Woods) released the below statement:
“The creation of the SAFE-T Act has been a colossal failure from the beginning. The sloppy, rushed, poorly drafted law not only disregarded the opinions of citizens, law enforcement, prosecutors, and judges, but more dangerously has threated public safety here in Illinois. And on top of this, the central component has now been ruled unconstitutional. This ruling is just another example of the failure of this law.
“While the ‘no cash bail’ provision will continue to work its way through the court system, I will continue to advocate for a system that is fair, puts victims ahead of criminals, and gives judges the discretion they need to ensure violent offenders are not let back out on the streets.”
* Speaker Welch…
Speaker Welch’s Statement on SAFE-T Act Lawsuit
“While I am disappointed in the decision by the plaintiffs’ preferred trial court, I remain confident we will ultimately prevail on appeal.”
* Senate President Harmon…
Senate President Don Harmon issued the following statement in response to a Kankakee County circuit court judge’s ruling on the pretrial release portions of the SAFE-T Act:
“We knew this legal fight was inevitable and look forward to the Illinois Supreme Court’s review and more statewide perspective.”
*** UPDATE 1 *** Click here for the notice of appeal. I’m told that the AG’s office plans to request an expedited appeal schedule early next week.
Also…
Reitz said she is hoping that @illinoiscourts offers clarity in the coming days: "The Supreme Court could stay the order pending their review or they could stay the implementation of the (Pretrial Fairness Act). Hopefully, they will do one or the other of those things." #twill
– Attorney General Kwame Raoul today issued the following statement in response to improperly entered temporary restraining orders sought today by some state’s attorneys who, after more than a year of inaction, are now seeking to prevent enforcement of the SAFE-T Act.
“Beginning this morning, the Attorney General’s office received new complaints and motions for temporary restraining orders (TROs) from state’s attorneys and sheriffs throughout Illinois who are seeking to prevent the SAFE-T Act from going into effect. To be clear, these motions were filed on the last business day before Jan. 1, when the SAFE-T Act will go into effect.
“In some of these TRO motions, plaintiffs are asking that the Attorney General’s office be enjoined from enforcing any provision of the SAFE-T Act, not just the pretrial release provisions. Many of these provisions have been in effect for more than a year; however, my office received less than one hour’s notice of hearings in some counties and no notice at all in others. Throughout the day, we continued to learn of plaintiffs having obtained TROs without giving our office notice or providing copies of the complaints or TRO motions. To say that this is an abuse of the judicial process is an understatement. The SAFE-T Act has been the law in Illinois since January 2021, giving these plaintiffs nearly two years to raise challenges. In fact, the plaintiffs have had since October to join the lawsuits consolidated in Kankakee County. It is outrageous that the plaintiffs instead chose to sit on their hands until the last business day before the SAFE-T Act is to go into effect, and then seek to enjoin it from going into effect.
“It goes without saying that there is an appropriate way to challenge a new law. In fact, as their colleagues were engaging in 11th hour theatrics, the state’s attorneys of DuPage and Kane counties filed an emergency motion with the Illinois Supreme Court in which they ask the court to provide some clarity regarding the SAFE-T Act, so that there will be consistent pretrial proceedings throughout Illinois beginning Jan. 1. And because my office has already appealed Judge Cunnington’s order, the appropriate process for seeking a ruling that will apply to all 102 counties is now underway.”
*** UPDATE 3 *** This will stop the chaos for now…
The Illinois Supreme Court has issued an order staying the PFA until further order of the Court. This is being done to maintain consistent pretrial procedures in Illinois until the Court can hear the appeal, which will be heard on an expedited basis. https://t.co/kawpAYPb8x
On Saturday, December 31, 2022, hours before Lake County was to begin following the SAFE-T Act, eliminating cash bail, the Illinois Supreme Court issued a stay statewide in a Motion for Supervisory Order Kankakee County Circuit Court 22CH16.
As a result, the Nineteenth Judicial Circuit Court will act in accordance with the Illinois Supreme Court and any amendments or orders entered by or associated with the Pretrial Fairness Act that would become effective on January 1, 2023, are hereby stayed until further order of the Illinois Supreme Court.
* Illinois Network for Pretrial Justice…
“Today, the Illinois Supreme Court issued an order directing counties across our state to delay implementation of the Pretrial Fairness Act until the court has had a chance to review the Kankakee County decision finding the law unconstitutional. While we are disappointed that the Pretrial Fairness Act will not be taking effect as scheduled on January 1, 2023, we are thankful that the Supreme Court has stepped in to provide guidance to courts and communities across the state. We remain confident that the Court will swiftly correct the poorly reasoned decision made by Judge Cunnington.
“The frivolous lawsuit challenging the constitutionality of the Pretrial Fairness Act is just the latest of many attempts by conservatives to prevent progress and preserve wealth-based jailing in Illinois. They know their actions were taken on weak legal grounds, at the last minute despite the law passing 23 months ago, and were simply intended to delay the inevitable implementation of the Pretrial Fairness Act. With every passing day that money bond remains in place, Illinois will continue to punish people for being poor. It is essential that the Supreme Court moves quickly to ensure the law’s full implementation and prevent any more Illinoisans from being forced to pay a ransom to free their loved ones from jail while they await trial.
“It is a common refrain that the darkest hour comes before dawn. If you look closely towards the horizon, you’ll see a new day is quickly approaching in Illinois. While those looking to preserve the racist system of wealth-based jailing may delay progress, they will not prevent it.”
* Cook County Public Defender…
The Illinois Supreme Court today issued an order suspending implementation of the Pretrial Fairness Act while it reviews a lower court opinion that found the law unconstitutional.
The Cook County Public Defender’s Office is disappointed that this historic and transformative law will not take effect as planned tomorrow, Jan. 1.
We are confident that the Supreme Court will swiftly reverse the lower court finding and confirm the constitutionality of the Pretrial Fairness Act. In the meantime, we are grateful that the court is providing uniform guidance to courts across the state.
Money bond is a deplorable practice, and it is high time that Illinois abolish a system that punishes people – most of them Black and Brown – for being poor. We decry the frivolous lawsuit that was brought against the Pretrial Fairness Act almost two years after it was signed into law.
We continue to look forward to a day in the near future when Illinois will move forward as a beacon for our nation, reforming our inequitable pretrial legal system.
Lake County State’s Attorney Eric Rinehart, who supports the elimination of cash bail, said he was disappointed in Cunnington’s decision but said he understands why the Supreme Court ruled that uniformity in Illinois must exist. He’s argued that while the bail system can keep poor, nonviolent defendants locked up because they can’t afford to make bail, the system allows dangerous criminals to be released pending trial if they have the financial means.
“Lake County was ready to start arguing (Sunday) that violent offenders shouldn’t be able to use cash to buy their way out,” he said in a text message to the Tribune. “A few days ago, one of our defendants charged with possessing dozens of weapons and resisting law enforcement posted $75,000.
*** UPDATE 4 *** AG Raoul with what could very well be the last Illinois government press release of 2022…
Attorney General Kwame Raoul today issued the following statement in response to an Illinois Supreme Court stay of the SAFE-T Act’s Jan. 1, 2023 effective date.
“As we have stated previously, my office filed an appeal with the Illinois Supreme Court because in this matter, only the Supreme Court’s final decision on the merits will be binding on all Illinois courts. It is important to note that the order issued today by the court is not a decision on the merits of the constitutionality of the SAFE-T Act, and I appreciate the court’s interest in expediting the appeal. We look forward to mounting a robust defense of the constitutionality of the law and ensuring that it goes into effect across the state.”
