A. Bond Authority. No person who is in the business of providing bonds shall do so in an individual capacity, or as attorney-in-fact for a surety company, without the approval of the Judges of the Fourth Judicial District. Before one may act as an attorney-in-fact, such person shall furnish to the presiding judge a copy of the last financial statement the principal was required to file with the proper state office of the state of its domicile, reflecting its financial condition as of the date required for the filing of said report. All persons in the business of providing bonds acting in an individual capacity shall furnish, under oath, such financial statement or net worth statement as the presiding judge may require.
B. Solicitation. Persons engaged in the business of providing bonds shall not directly or indirectly solicit any indemnitee to employ any particular attorney nor make the suretyship contingent upon employment of a particular attorney. Neither shall any person engaged in the business of providing bonds charge or receive excessive pay or reward or require excessive collateral.
C. Monthly Report. On the last day of each month, any person engaged in the business of providing bonds shall file a report with the Clerk of the District Court, listing all cases in which such person is surety, the names of the indemnitee on bonds, the amount of the bonds, the security held, the premiums charged, and any forfeited bonds that remain unpaid.
D. Surety's Justification. Bonds other than corporate surety bonds shall have appended a justification under oath by the surety or sureties, stating the condition of the bond; in criminal bonds the justification shall include a description of the property owned by the surety and the encumbrances, if any. Such a bond must be approved in writing by a member of the County Attorney's Office before presentation for further approval by the court.
E. Cash Bonds. Cash bonds may be deposited with the Clerk of the court but only upon execution and filing of a written document setting forth the undertaking.
F. Release on Own Recognizance. Under proper circumstances a defendant in a criminal action may be released on the defendant's own recognizance upon the filing of a written document setting forth the conditions under which the release is granted.
G. Surrender of Bonded Person. One who has provided a bond desiring to surrender the bonded person to the custody of authorities must do so in open court within twenty-four hours after the bonded person is placed in confinement. The amount of the premium and other matters may be inquired into at that time.
H. Annual Report. One engaged in the business of providing bonds shall, on or before the 15th day of January of each year, deliver to the presiding judge a report certified by a bonded abstracting company, giving the following information concerning each outstanding bond forfeiture since the previous similar report: Docket and Page Number; Title of Case; Nature of Case and Amount of Bond; Date of Forfeiture, Order of Forfeiture, and all subsequent orders. Within ten (10) days after the filing of such report, one engaged in the business of providing bonds shall file an additional report, stating which forfeitures have since been paid and the reasons, if any, for nonpayment.
Adopted effective December 29, 1995.
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