By Dave Dahl

SPRINGFIELD – It’s the Illinois Supreme Court’s turn to decide whether the elimination of cash bail in the state is constitutional.

The court heard oral arguments, as a lower court ruled against the legislature and tossed out the law.

Arguing there’s never been a need for cash bail, assistant solicitor general Alex Hemmer played up sureties: “In 1818, today’s system of monetary bail didn’t exist,” he said. “‘Bailable’ just meant eligible for release.”

Handling the argument for the lawmen and others who like the cash bail system just the way it is, Kankakee County state’s attorney Jim Rowe said, “They’re attempting to forgo the will of the voters, and they’re attempting to drive this reform with mere legislation.”

Rowe told the justices cash bail balances the defendant’s interest in liberty with society’s interest in the defendant showing up for trial. Proponents of the law, part of the criminal justice Safe-T Act, say cash bail merely keeps poor people in jail and lets wealthier defendants buy their way out pre-trial.

Dave Dahl can be reached at [email protected]