Good Felony, Bad Felony

Are we returning back in time to the days of licensing bail bond agents by using the “good felony, bad felony yardstick?” It seems that may be the case. In a ruling issued by the Department of Insurance (DIFP), Gerald Franks, who pleaded guilty to a Class C felony one year ago, has retained his general bail bond license. In an order dated February 1, 2007, the DIFP suspended the Frank's license for three days. Franks entered a plea of guilty in February 2006 for possession of a controlled substance in Daviess County, MO. He was placed on five years supervised probation. In May, the DIFP filed a complaint to discipline Frank’s license. On December 4th a joint motion was filed before the AHC stipulating the DIFP’s grounds for disciplining Frank’s license. The AHC ruled there was cause to discipline Frank’s license. Later, the DIFP held a disciplinary hearing which resulted in an order suspending Frank’s license for 3 days.

This seems to be a drastic shift in policy by the DIFP. Previously, the Department appeared decisive in its stance against felons in the bail bond business. The DIFP issued several strongly-worded news releases regarding the issue. In November 2005 former director Dale Finke said in a news release, “The Missouri Supreme Court rules make it clear that convicted felons are not qualified for surety on bail bonds.” One month later, in another release, the Director said, “Individuals working in this capacity should, and must, uphold the law themselves.”

Previously, the DIFP had said that according to RSMO 374.715, Missouri bail bond agents and general agents could not be felons because they must meet the qualifications for bondsmen as required by Missouri Supreme Court rule. Supreme Court Rule 33.17(c) says: A person shall not be accepted as a surety on any bail bond unless the person has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere to any felony of this state or the United States; or any other crime of this state or the United States involving moral turpitude, whether or not a sentence was imposed.