Attorney General Kwame Raoul today issued the following statement in response to improperly entered temporary restraining orders sought today by some state’s attorneys who, after more than a year of inaction, are now seeking to prevent enforcement of the SAFE-T Act.
“Beginning this morning, the Attorney General’s office received new complaints and motions for temporary restraining orders (TROs) from state’s attorneys and sheriffs throughout Illinois who are seeking to prevent the SAFE-T Act from going into effect. To be clear, these motions were filed on the last business day before Jan. 1, when the SAFE-T Act will go into effect.
“In some of these TRO motions, plaintiffs are asking that the Attorney General’s office be enjoined from enforcing any provision of the SAFE-T Act, not just the pretrial release provisions. Many of these provisions have been in effect for more than a year; however, my office received less than one hour’s notice of hearings in some counties and no notice at all in others. Throughout the day, we continued to learn of plaintiffs having obtained TROs without giving our office notice or providing copies of the complaints or TRO motions. To say that this is an abuse of the judicial process is an understatement. The SAFE-T Act has been the law in Illinois since January 2021, giving these plaintiffs nearly two years to raise challenges. In fact, the plaintiffs have had since October to join the lawsuits consolidated in Kankakee County. It is outrageous that the plaintiffs instead chose to sit on their hands until the last business day before the SAFE-T Act is to go into effect, and then seek to enjoin it from going into effect.
“It goes without saying that there is an appropriate way to challenge a new law. In fact, as their colleagues were engaging in 11th hour theatrics, the state’s attorneys of DuPage and Kane counties filed an emergency motion with the Illinois Supreme Court in which they ask the court to provide some clarity regarding the SAFE-T Act, so that there will be consistent pretrial proceedings throughout Illinois beginning Jan. 1. And because my office has already appealed Judge Cunnington’s order, the appropriate process for seeking a ruling that will apply to all 102 counties is now underway.”
Original source can be found here.