The MacArthur Justice Center partnered with Hughes Socol Piers Resnick & Dym, Ltd. and Civil Rights Corps to file a federal class action targeting Cook County’s unconstitutional pay-for-release cash bail system, which results in the pre-trial detention of legally innocent men and women who cannot afford to pay the court-imposed bail amount in their cases
The case, although dismissed on technical, procedural grounds, helped to catalyze important reforms in Cook County. In response to the community demands and litigation, Chief Judge Evans signed General Order 18.8A, which went into effect in September 2017. It includes a presumption against money bond, and requires that judges set the bond at an amount individuals can afford. As a result, the rate of pretrial release almost doubled, and the use of monetary bond dropped by half. The Cook County Jail population fell to its lowest level in decades.
At the end of 2017, more than 3,200 people were detained in the Cook County Jail because they could not pay for their freedom.
During the first three months of 2018, more than 25% all defendants appearing in bond court received a cash bond – almost half were unable to post the bond. Source
The lawsuit was brought in collaboration with the Coalition to End Money Bond and the Chicago Community Bond Fund, and in support of the larger statewide effort to eliminate money from pretrial decision-making.
Key Documents
In the News
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Judge throws out proposed class-action lawsuit over Cook County bond practices
Chicago Tribune June 28, 2018 -
Defendants Can’t Be Jailed Solely Because of Inability to Post Bail, Judge Says
The New York Times July 17, 2017 -
Fate of lawsuit over cash bail system, criticized for hurting poor, could be decided Monday
Chicago Tribune September 11, 2017 -
Groups Look to End Monetary Bail in Cook County
WTTW October 5, 2016