In 1995, I was the assistant public defender, now retired, who unsuccessfully argued before the Illinois Supreme Court that the no-bail provision of the stalking statute was unconstitutional.
As Judge Thomas W. Cunnington wrote in his Dec. 28 memorandum of decision holding the SAFE-T Act unconstitutional — the implementation of which has been placed on hold by the Illinois Supreme Court pending its review of Cunnington’s ruling — the unconstitutionality of the SAFE-T Act flows from two provisions of the Illinois Constitution.
