Illinois Supreme Court upholds law eliminating cash bail

The Illinois Supreme Court on Tuesday cleared the way for the state to become the first in the nation to eliminate cash bail for criminal defendants awaiting trial, rejecting arguments from county prosecutors that the law violates the state constitution.

The 5-2 decision was split along party lines, with the two Republican justices, David Overstreet and Lisa Holder White, dissenting.

“The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public,” Chief Justice Mary Jane Theis wrote in the majority opinion. “Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims.”

Eliminating cash bail creates a system “commensurate with that balance,” the court ruled.

The justices gave trial courts 60 days to prepare for the new rules, with cash bail to be eliminated Sept. 18.

The court’s long-awaited ruling…