According to the St. Louis Daily Record, 22nd Judicial Circuit began placing cash bonds in defendant's names, with the funds going to court costs, fines and crime victims before they are released to the defendant. The changes were effective May 30th. Circuit Clerk Mariano Favazza said that requiring cash bonds to be in the name of the defendant comes as the Office of State Courts Administrator is recommending the court use its new bond forms. OSCA has advised the switch to the new bond forms in anticipation of recommendations from a Missouri Supreme Court committee that is studying changes to the old forms, according to St. Louis Circuit Judge Edward Sweeney. What remains undetermined is whether the individuals posting a 10 percent bond for the defendant have to meet the various income requirements to qualify as surety under Supreme Court Rule 33.
In 2005, the Missouri Court of Appeals Western District, ruled that a local court rule may be enforced to deduct court costs, fines, etc. when the depositor on a cash or ten-percent bond is so notified in language contained as a condition of the bond, or who executes a receipt that spells out why a full refund may not be had. See Perry and Rust v. Aversman.
Tuesday, June 27, 2006
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