Posted 9/12/2014

 People v. Financial Casualty & Surety, Inc., Case No. H39527 (Cal.App. September 8, 2014) held that the record on appeal failed to demonstrate an abuse of discretion by the trial court in denying the surety’s motion to extend the appearance period.  The Court noted that denial of the motion was not an appealable order, but found that the appeal was taken properly from entry of summary judgment on the bond forfeiture.  [Not published].

Valley Bail Bonds v. Budeski, Case No. 14-cv-24 (D.Mont. September 5, 2014) adopted the Magistrate Judge’s Findings and Recommendation reported at 2014 WL 3732632 (D.Mont. July 25, 2014).  The plaintiff objected to the fact that the Justice of the Peace first set a $75,000 bond but then permitted the defendant to be released by depositing $7,500 cash.  The court agreed with the Magistrate that the Justice of the Peace had judicial immunity.  The court thought that the Justice of the Peace may no longer have had jurisdiction over the felony case because jurisdiction had moved to the district court; however, that did not mean the Justice of the Peace lost her judicial immunity.  The plaintiffs’ §1983 claims against the County failed because the plaintiffs did not allege infringement of a constitutionally protected property or liberty interest.

In Cantois v. People, 2014 WL 4410039 (V.I. September 5, 2014) the trial court conditioned return of the defendant’s $2,500 cash bond, which had been posted by his mother, on payment of $1,075 of fines, fees and court costs.  The Court held that the purpose of a bail bond is the appearance of the defendant and that imposition of other conditions, such as payment of fines and fees, should be considered excessive bail and therefore unconstitutional.  The Court concluded, “Therefore, the Superior Court’s decision to condition the return of the $2,500 bail to Cantois-Carty upon Cantois’s timely payment of $1,075 in fees, fines and costs is wholly inconsistent with the purpose of bail and otherwise has no basis in the law, and must be set aside.”