The Joyce Decisions, Defining Bail Bond Law

The Missouri Administrative Hearing Commission, in two separate decisions on the same individual, has shaped and defined the Missouri law affecting the licensing of bail bond agents who are convicted felons. In a 1998 decision, the AHC ruled that although Phillip Joyce was a convicted felon, he should be granted a bail bond license. The commission said that the law prohibiting the issuance of licenses to felons was permissive and not a mandate. The Commission ruled that Joyce exhibited a good reputation in his new community,was resolved not to repeat his mistakes, and was candid about his convictions. The AHC concluded that these factors outweighed the felony convictions and granted him a license.

Two years later Joyce applied for a general bail bond license and his application was denied by the Department of Insurance for the same reason, felony convictions. Again, Joyce appealed to the AHC. This time the AHC ruled in favor of the Department of Insurance. The AHC ruled that the wording of the applicable statutes and Missouri Supreme Court Rules prohibited the issuance of a general bail bond license. The commission said that a general bail bond agent shall meet the qualifications for surety on bail bonds as provided by supreme court rule..... and supreme court rule 33.17(c) states that the surety has not been convicted of any felony under the laws of any state or the United States.

Since these decisions were handed down, the Department of Insurance has granted bail bond licenses to felons, but won't grant a general license to convicted felons. It will be interesting to see how the AHC decides the bail bond cases before the commission next month. (See March archives for information on these cases.)