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MARION COUNTY — Marion County officials took emergency action Friday to avoid implementing portions of the new SAFE-T Act on January 1, filing a complaint in Marion County Court.

Nearly two-thirds of the counties in the state will not be eliminating cash bail on January 1st but where does that leave the other one-third who didn’t participate in the lawsuit against the measure?

Kankakee County Circuit Judge Thomas Cunnington sided with state’s attorneys Wednesday night, ruling that the cash bail provisions of the SAFE-T Act are unconstitutional.

The state is appealing that ruling to the Supreme Court. Supporters of the SAFE-T Act are confident the Illinois Supreme Court will overturn the ruling, and cash bail will eventually be eliminated.

The appeal process could take some time, and in the meantime, the ruling is causing confusion for the 37 counties, including Marion and Wayne counties, that were not involved in the suit.

Cunnington refused to issue an injunction along with his ruling, meaning the 37 counties are not bound to his ruling. They can, however, still decide to delay the elimination of cash bail and side with Cunnington’s decision.

On Friday, Marion County State’s Attorney Tim Hudspeth and Sheriff Kevin Cripps filed a complaint in Marion County Court against Governor J.B. Pritzker, Illinois Attorney General Kwame Raoul, Illinois Speaker of the House Emanuel Welch, and Illinois Senate President Donald Harmon seeking a declaratory judgment and emergency injunction halting the SAFE-T Act in their community.

Judge Mark Stedelin granted the motion for a temporary restraining order and preliminary injunction for Marion County, scheduled a status hearing in the case for Thursday and sent notice to Attorney General Kwame Raoul.

Peoria County also did not participate in the lawsuit, and their state’s attorney claims Cunnington’s ruling requires them to follow it.

Champaign County was also not involved in the suit and will be eliminating cash bail January 1st, unless the Supreme Court tells the county to do otherwise. Cook County will also implement the SAFE-T Act on day one.