Who do you supoena on failure to apperar

Court Coordinator?
Clerk?

Who else

I think we call the officer who called out the defendant's name. Also was the notice mailed to the defendant or to the defense attorney?

Court coordinator and Bailiff

Bailiff, court coordinator, and certified copies from the clerk's file of indictment, docket sheet, and notices. You may also need the bondsman to identify the defendant.

SORRY HAD OTHER STUFF ON MY CLIPBOARD:


All the state needs to show is the Nisi, which should say the name was called and def. failed to appear, and the bond. The court takes judicial notice of the nisi in its file and we enter a certified copy of the bond. The Surety has to prove affirmative defenses in 22.13. If the Surety wants to prove the name was not called, he will call bailiff who will not remember but the file says the name was called. That means the state wins unless bailiff says he did not call the name and there is no record to dispute that. The Court reporter may have taken notes that day or the coordinator. All defenses are affirmative defenses waived unless specifically pled by defense.

To avoid problems we gave a form to bailiffs that says "I called xx at courthouse door, three time and he failed to appear in a reasonable time". (the hall in front of courtroom is the equivalent of courthouse door re cases. We also use a form findings of fact and conclusions of law for judge to sign stating that defendant was called and failed to appear in reasonable time. The Surety has to say the bailiff lied and the court lied, good luck!

If the defendant has not returned the court has no discretion-100% judgment. If reappeared he has discretion but has to order something, ie 50% if a hearing was missed.

Surety says no notice but ct of crim app says bond itself is notice (burden on defendant to find out when court is).

PS we collect 1.5 million+ dollars a year for the county.

arneschonb@ca.epcounty.com

Thanks for your help to all of you. The support we give each other here makes life so much easier.

You might also want to check with your warrants division. Our sheriff's office has a division that serves warrants, and they can usually give me a witness who will testify to what efforts we went to track down the defendant. I offer that as evidence of the defendant's actual flight to counter the assertion that he simply didn't know when to appear in court. You may have a deputy who can testify that the defendant moved, or that he went by the house a bunch of times and the defendant was ducking him, etc.