Supreme Court: judges can’t invent detention powers under cashless bail law

Aimee Stewart’s case has recently captured attention as the Illinois Supreme Court intervened in a controversial ruling regarding cash bail. After spending over six months in Cook County Jail, Stewart was ordered to be freed following a high-court ruling that deemed the previous decision unjust. The court emphasized that trial judges lack the authority to contravene the state’s new no-cash-bail system.

Stewart, aged 38, faced charges stemming from an incident in late 2023 where she allegedly took her grandmother’s car. According to the police report, the grandmother had provided Stewart transportation to a train station, only for Stewart to drive away with the vehicle.

Her arrest occurred two days later during a traffic stop, where officers discovered her in the backseat of a stolen car. Charged with possession of a stolen motor vehicle—classified as a Class 2 felony—her case fell under the Provisions of the Pretrial Fairness Act, also known as the SAFE-T Act. Initially, Stewart was released with specific conditions.

However, after missing multiple court appearances during 2024—January 2, March 21, June 5, September 4, and October 15—her case took a drastic turn. She subsequently turned herself in on November 5, 2024, when additional charges for drug possession were brought against her.

Despite her assurances not to miss further court dates, Judge Steven Rosenblum denied her release during a subsequent hearing. He openly criticized the no-cash-bail law, asserting that it hindered his ability to administer justice effectively in cases like Stewart’s.

“Oh, of course not. I totally agree with you, Miss Stewart, it will not happen again because I am not releasing you,” the judge stated in court. His remarks indicated a strong opposition to the Pretrial Fairness Act, claiming, “It is impossible to administer justice to Miss Stewart under the present situation.”

In response to Stewart’s deteriorating compliance with the court, prosecutors under the new State’s Attorney Eileen O’Neill Burke attempted to seek her detention based on a “flight risk” provision of the law. However, Judge Rosenblum deemed this approach improper, suggesting it lacked new evidence and essentially requested Supreme Court intervention.

The matter escalated to the Illinois Supreme Court, where Assistant Public Defender Rebecca Cohen argued that judges should not impose personal policy preferences over legislative intents. Meanwhile, Special Assistant Attorney General Alan Spellberg defended the notion that judges possess the inherent authority to deny pretrial release under specific circumstances.

On May 21, following deliberations, the Supreme Court ordered Stewart’s release while the case continued to be reviewed. In a comprehensive opinion delivered on September 18, Justice Lisa Holder White articulated that the Pretrial Fairness Act aligns with constitutional principles and that Judge Rosenblum acted beyond his legal scope by detaining Stewart indefinitely.

The ruling highlighted that Judge Rosenblum overlooked available judicial mechanisms such as conditional releases and the potential for sanctions in lieu of indefinite detention. The court concluded that to allow judges to bypass the Act through claims of inherent authority would undermine its legitimacy.

This case serves as a crucial touchstone for future interpretations of the Pretrial Fairness Act, raising vital questions about judicial power and legislative intent in the realm of criminal justice reform in Illinois.

Tim Hecke is the managing partner at CWBChicago, with an extensive career in news and media spanning various major U.S. cities. He stepped into the role at CWBChicago in 2019, committed to delivering local news and insightful reporting.


For further inquiries, he can be reached at: tim@cwbchicago.com