Bail Bond Ethics

The bail system in this country has flourished since this country’s founding. In the 8th Amendment, the right to make bail is a constitutional guarantee. The courts have said, ''This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. . . . Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.'' Wow! Powerful stuff!

However, on a more contemporary note, the bail system has come under scrutiny. For the last several years, the actions of few bondsmen have tarnished the reputations of us all. These bondsmen, for the most part, had pasts that indicated there may be a problem. Yet, they found jobs around the state with companies who either knew of a problem, or should have known. The bail industry can recover from this impression only if we commit ourselves to improving the character of the industry.

In my opinion, conscientious self-regulation and common sense are the keys to a successful bail industry. There are many ways we can self-regulate the business. There are inexpensive and even free sources to check the backgrounds of our clients. Why not check the backgrounds of prospective agents before hiring them? If a prospective agent has convictions of a violent nature, consider that he/she may also become violent in the business. If an agent has a history of drug problems, consider the temptation of doing business with known drug offenders. If an agent owes outstanding premium to another bail company, consider that you may also have trouble collecting premium from this person. If an agent has a history of outstanding civil judgments, bear in mind that this person may have trouble handling your money.

Part of the dishonesty and acrimony that I find troubling in the current market seems driven by greed. The industry has always been intensely competitive, but we have traded our moral standards for cash. I have heard a lot of testimony before the Missouri General Assembly asserting that bail bond agents are quasi-judicial, meaning “semi-officers of the court.” If bail bond agents believe themselves to be officers of the court, they must accept a greater obligation to pursue professional conduct. The industry generally resists efforts to address its problems or to acknowledge public accountability and professional ethics. A true commitment to professionalism will require self-imposed, demanding standards.

I’m not an idealist who thinks we can create the perfect bail bond utopia. There will always be bad bondsmen, just like there will always be bad preachers, dirty police and bad teachers. But we doom ourselves to failure, when we do not hold ourselves to a higher standard. If we continue on this path we will no doubt see more 10% bonds, more O.R. bonds, more summonses and less surety. The choice is ours.