Judge, sheriff discuss uptick in failure to appear warrant arrests

KANKAKEE – During her morning case call last Friday, Kankakee County Circuit Judge Kathy Bradshaw-Elliott dealt with a man who had been arrested because he failed to appear for a recent court date.

Bradshaw-Elliott asked the man why he didn’t show for his court date.

He said he forgot the date.

By failing to appear, a warrant was issued for his arrest.

When asked if he received a letter telling him he missed court and he needed to appear on a new date, he said he didn’t get the letter.

He was asked if his address was correct where the letter was sent.

“I haven’t lived at that address in 10 years,” he replied.

Defendants must inform the circuit clerk of an address change within 10 days of the move.

Chief Judge of the 21st Circuit Thomas Cunnington discussed the issue at the June 11 meeting of the county’s criminal justice committee.

“One of my concerns, and I know the sheriff has talked about this, is people not showing up in court,” he said. “We have 11 people in custody this morning and eight of those 11 are people that have failed to show up for their court days.

“In my opinion, it’s been an increasing problem since the SAFE-T Act went into effect. People just are not showing up.”

Cunnington added that on the June 11 list of people arrested the previous 24 hours, eight of the 11 were for failure to appear warrants.

Gov. JB Pritzker signed the SAFE-T bill into law in January 2021.

A key provision included the elimination of cash bail, which went into effect on Sept. 18, 2023.

The act seeks to create a more equitable justice system that focuses on public safety rather than a person’s ability to pay bail.

Law enforcement agencies statewide argued the change would cause people to not show up for court dates.

Under the Pretrial Fairness Act, a part of the SAFE-T Act, a letter must be sent to the defendant upon failing to appear.

During detainment hearings, the judge informs the defendant they must notify the circuit clerk’s office within 10 days of a change of address.

When the defendant misses the court date, another court date is set.

If that court date is missed, a warrant can be issued by the judge.

“If you move, people go years [without informing the circuit clerk they move]. They say, ‘I haven’t lived at that address for 10 years’, and don’t change their address, but it’s just a problem that we’re dealing with,” Cunnington said.

“We’re trying to come up with some solutions to remind people that they need to show up on their court date.”

But as noted during the June 11 meeting by Cunnington, serving summons is considered one of the most dangerous duties. Kankakee County Sheriff Mike Downey agreed.

Downey is an outspoken critic of the act and Pritzker.

“We knew how it was gonna work. The legislature didn’t know how it was gonna work. And they still don’t,” Downey said. “And they didn’t listen. We said that people aren’t gonna show up to court. They have no reason to show up to court.”

Downey said the judges have no way to change this. He said their hands “are legitimately tied.”

“That law enforcement is out there arresting these people who have no accountability whatsoever to our community and risking their lives every day because we all know that warrant arrests are one of the most dangerous functions that law enforcement does,” Downey said.

“And our state legislature allows them to just go through that revolving door of the jail, which keeps our community less safe.”

Defendants don’t bear any of the burden, Downey said.

“... It’s so frustrating because there is no accountability whatsoever. We shouldn’t have to run these people down like they’re in third grade. Take some responsibility for God’s sake, but nobody holds them accountable, so why would they? It’s just the way it is.”