Kentucky Bringing Back Bondsmen?

Andy:

Though I haven't spoken with many bondsmen in the area, I'm certain misdemeanor skips from Cabell and Wayne counties in West Virginia find their way into the Bluegrass State, too. Again, some good publicity, plus some "friendly" persusion by lawmakers in states which border Kentucky, may be enough to get commerical bail reinstated.

Concerning the incident in New Mexico, it appears citizens have a good understanding of bail and bail enforcement as too often grand juries serve as a rubber stamp for prosecutors. Though it's refusal to indict Mr. Turner doesn't carry as much legal weight for BEAs in other states, the grand jury's action is still good news.

However, it appears he should have done some more checking of the residence before he decided to enter. Since it was the home of LEO, Turner was fortunate he was only arrested. Heaven only knows the fallout that would have ensued had a gun battle taken place and one or the other seriously wounded or killed.

When I said too bad the judge in this case didn't live in Missouri, I was referring to your pending case with the judge who isn't allowing you to write bail unless you work for an insurance company. I was assuming a New Mexico judge made a favorable ruling in the BEA case, and it's a shame the sense he had concerning bail and bail enforcment is lost the robbed fool you're dealing with.

BTW, in which district does this judge preside? I inquire because depending on the locale, I may be able to lend some assistance with media exposure if you desire.

JLS

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JLS,
Thanks for the clarification.

The judge playing god is in the 42nd Judicial District in MO. His office is in Dent County MO. Gods name is Judge Seay.

Here is the law that says he cannot require anymore than the Supreme Court requires. Part 3 of this law below is the one that says it all.

"Access to court records, when--defendant access to bail bond agent, how--agents qualified in all jurisdictions in the state.
374.759. 1. Any bail bond agent licensed in the state of Missouri shall have access to all publicly available court records of the defendant by available means to make a realistic assessment of the* defendant's probability of attending all court dates as set in his or her charges relating to the* bond request.
2. Any defendant shall have free access to any bail bond agent via one phone call so long as the call is made to a local phone number. All other numbers may be available as a collect call to any nonlocal number.
3. All Missouri licensed bail bond agents or licensed general agents shall be qualified, without further requirements, in all jurisdictions of this state, as provided in rules promulgated by the supreme court of Missouri and not by any circuit court rule."

Here is the Supreme Court Rule

33.17. Bonds - Surety, Individual - Qualifications

A person shall not be accepted as a surety on any bail bond unless the person:

(a) Is reputable and at least twenty-one years of age;
(b) Has net assets with a value in excess of exemptions at least equal to the amount of the bond that are subject to execution in the state of Missouri;
(c) Has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere to:

(1) Any felony of this state or the United States; or

(2) Any other crime of this state or the United States involving moral turpitude, whether or not a sentence was imposed;

(d) Is not a lawyer, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety;
(e) Is not an elected or appointed official or employee of the State of Missouri or any county or other political subdivision thereof, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety; and
(f) Has no outstanding forfeiture or unsatisfied judgment thereon entered upon any bail bond in any court of this state or of the United States.

If there is more than one surety, the aggregate net worth of the sureties in excess of exemptions shall be at least equal to the amount of the bond.


This judge is dead assed wrong. He cannot put any further conditions above Supreme Court Rule. We meet those qualifications, and then some.

Thanks for the offer of help. Ill let you know how it goes and if I need help. I think its open and shut. I would bet that two days before hearing date, the judge will change his mind so he dont look bad and have a smudge on his record. Just my guess.

While Im soapboxing again, Ill give you some more background.

One of our agents talked with a bondsman that was in this judges court last fall. Some bondsman pissed him off over a forfeiture, trying to argue how much time he had to pay. He said in open court he was going to require all bonds to be secured thru corporate insurance. We didnt know this at the time.

In January, as we are supposed to, we sent qualifications, assets, outstanding liabilities, ect... to all counties we write in. We got a letter back from him saying we were denied until we secured a contract with an insurance company. My partner and I went to talk with him and he wouldnt talk. We sent him a letter explaining the law, he sent a letter back saying he appreciated it, but still denied until we secured an insurance agency. The prosecutor in one of the counties in that district, which I dont know from Adam, when I told her what was going on, stated he cant do that. She talked to him and explained the law, to no avail. Another prosecutor in that district is the brother of one of our agents. He took the law to him and talked with him. Same thing.

The quick and easy fix would be to hook up with a IC for that district and not rock the boat. We offered to do that to keep our agents where they could write in that county and not lose income until we got it straight. Even though income would be less since we would have to pay the IC a percentage and a BUF, but it would be better than nothing. It was their call. As I said, our agents got the go to hell attitude against him. We have trouble with only a couple of judges in all the areas we cover. We kiss ones ass, well kinda. Were not kissin this one. If he must be told by a superior, then so be it. He never did us any favors to begin with. I dont expect any now. We do business above the table. The only thing we will have to do differently is be a little extra cautious about securing bonds in "his" district. Unfortunately, judges do have latitude on time they can give. Its not uniform. Of course that goes both ways and we have way more judges willing to give more than ample time, knowing our reputation for bringing in our skips, than judges trying to take our money too soon.

Seems Im always stirring the pot, eh? But I dont like to be trampled on. I do my best to do whats right and ask no special favors in return. I just cant stand it when someone playing god trys to keep me from doing my job and takes money from my family. Kinda like the other judge on the El Paso case I kept you guys up on. There was no call for that to be a situation. Just a judge playing god.