Wednesday, 02 September 2009

A local bail bondsman who objected to a Saline County court order disallowing credit bonding lost his challenge in federal district court.
The lawsuit was filed by John Chism Bail Bonds Inc. of Saline County against Sheriff Bruce Pennington; jail administrator Ray Pennington; Prosecuting Attorney Ken Casady; Circuit Judges Gary Arnold, Bobby McCallister, Grisham Phillips and Robert Herzfeld; and District Judges Mike Robinson and Curtis Rickard.
The suit has been dismissed, with the U.S. District Court ruling in favor of the local authorities.
In the ruling by U.S. District Judge J. Leon Holmes, he said the claims asserted by the bail bondsman are “dismissed without prejudice.”
This means, in essence, that the issue is subject to a refiling. If an action is dismissed with prejudice, it is no longer possible to pursue further action.
Casady, in commenting on the ruling, explained the basic circumstances that led to the filing of the suit. “When judges set a bond, they are setting it with the statute in mind that says bondsmen will collect a 10 percent premium before the defendant is released from jail,” Casady said.
“What bondsmen have been doing oftentimes is collecting less than 10 percent, maybe as little as 1 percent, accompanied by a promise to pay out the other 9 percent after the people have been released,” he said.
Casady said he and the local judges did not consider this proper “because, if that theory were right, it could result in someone with a $10 million bond paying a bail bondsman a hundred dollars and taking off.”
“I don’t believe that’s what the law says,” Casady said, “and the court apparently agreed.”
He noted that Chism sued all the judges and the prosecutor, contending the system was violating bondsmen’s rights by prosecutors advocating for bonds other than professional bonds.
“I think what the court has clearly said is that I didn’t do anything wrong in advocating for bonds other than professional bonds and that judges are well within their rights to issue the orders that they have,” he added.
Casady said he is “pleased with the ruling.”