Sheriff blasts new law’s bail fee as unconstitutional

Published 2:00 am Wednesday, June 27, 2012

A new state law aimed at raising county court fees has drawn the consternation of Limestone County Sheriff Mike Blakely and others around the state.

Blakely and other opponents of the provision question whether those who wrote the bill — state representatives Chris England and Mike Hill — understand how the jail and court systems operate.

“I urge you to read this law and to urge its repeal if you feel the same as I do after reading it,” the sheriff said.

The new law — Act 2012-535 — increased filing fees in most civil and criminal cases statewide beginning June 21. Docket fees will increase by $15 in small claims cases, $26 in traffic cases, $40 in criminal cases and $45 in district and circuit civil cases, including domestic relations cases. Juvenile cases and child support cases will not be affected, according to the new law. The court system will retain the additional money generated, with one-third going to the circuit clerk and presiding circuit judge for court administration.

The problem lies in another provision of the law that requires those who bond out of jail to pay a $35 filing fee upon release. The provision also enacts fees of up to $450 for misdemeanors and up to $750 for felonies — depending on the bond amount — to be paid after a criminal case has been adjudicated. The fees generated by the fees will be split between the sheriff’s, court clerk’s and prosecutor’s offices. Sounds great, but Blakely questions the law’s constitutionality.

“The (bail bonding) fee is not refundable regardless of the guilt or innocence of the accused — even if the case is dismissed,” Blakely said.

(Already, lawyers for a group of bail bonding companies in Mobile and Baldwin counties have asked a judge to block the fees.)

Under the law, a person released from jail on bond has two business days from the time of the execution of the bond to the clerk of court to pay the fee at the courthouse.

Agents for bail bonding companies will likely assess the fee upfront and pay the fee themselves, the sheriff said. Failure to pay the fee will result in a fine of at least $500. If the accused or the bondsman cannot pay the fee, he or she can be held in contempt of court and, possibly, additional legal fees and court costs, Blakely said.

The sheriff said the bail bonding fee provision will force more people back into jail either because they can’t bond out initially or because they fail to pay the fee and are returned to jail.

Lack of understanding

The sheriff blasted lawmakers for failing to listen to the concerns of county sheriffs when drafting the law, a concern local lawmakers already heard this year from city and county school officials.

“I became familiar with this bill prior to its consideration and passage,” Blakely said. “In my opinion, the terms of this law are in direct conflict with the provisions of the constitutions of both the United States and the state of Alabama concerning the right to bail and the right to due process before one can be deprived of liberty or property by government action. I made my objection to this unfair bill known to our local legislators prior to its passage. My concerns, and those of others in positions such as mine, were ignored.”

The local legislative delegation consists of representatives Dan William, Mac McCutcheon and Mickey Hammon and senators Bill Holtzclaw and Arthur Orr.

“This law is a thinly disguised tax imposed on citizens without any notice or right to be heard,” Blakely said.

As sheriff, he said he is, nevertheless, required to enforce the law.

Courts

Limestone County Circuit Court Clerk Charles Page Jr. appreciates the money the new law will generate for his office, but he also believes the law has weaknesses.

“We all await any court action of the constitutionality of this act,” he said. “The original intent was to add cost to keep the courts going and keep the office of Circuit Court Clerk open. After additions and deletions to the original bill we now have the end result in Act 2012-535. 

“Since 2007, I and all other clerk’s offices have lost employees who have not been replaced; I have lost a total of eight,” Page said. “I agree with Sheriff Blakely that this act will cause overcrowding in all county jails.  Bond is a guarantee that the accused will appear in court.”

On the up side, Page said the increase in Civil Court costs will help him re-hire employees laid off in August 2011.

“We are constantly struggling to keep up with the cases being filed in this office and without more employees we will continue to get farther behind,” he said. “Every year brings new legislation that we must abide by, and until the new cases have met all legal hearings, we will continue to abide by the law. I will wait for the outcome of the hearing to be held on June 27, in Montgomery.”

Prosecutor

Limestone County District Attorney Brian Jones is pleased with the law, which he said would help offices such as his continue to operate with adequate staff. He said the law is designed to make those who break the law pay the cost of operating these offices rather than the average taxpayer. The sheriff said the prosecutor’s office, unlike the sheriff’s department and clerk’s office employees, has no involvement in administering bail bonds but it would receive a cut of what is generated by those fees.