I've done some searching around, and I'm not sure if I'm not finding information because it's as obvious as I think it is, or if I'm missing something in one of the myriad Texas Codes.
Our county has many pending speeding appeals that have been hanging out for years. In an effort to close these out, we set a bunch of the oldest on a special docket. Most of these defendants and their attorneys did not show or contact the Court or our office.
So...the County Attorney is wanting to file a Judgement Nisi on the surety bonds the lawyers posted when they appealed the cases up from JP court. Would this forfeiture be done by the same process as a regular bail bond in a Class B (or higher) case when a defendant doesn't show?
Adding to the mix is the fact one of the lawyers (who coincidentally has the most unresolved old cases), is filing a Motion for Procedendo to remand the cases back to the JP court, and execute the judgement already entered (when they plead guilty/no contest in order to appeal). Having read Ex Parte Swift, 358 S.W.2d 629 (1962) it appears that motion is inapplicable here, as the appeal was perfected being timely filed with a surety bond. Tex. C.Cr.P. Art. 45.0426.
Bottom line: Can a lawyer who puts up a surety bond have it forfeited through a Judgment Nisi as a bail bond company would?
Bottom line: yes. CCP chapter 22 has some provisions that require the surety be treated differently than the principal, but I don't see anywhere that it treats different types of sureties differently. A bond posted by an attorney is just as subject to forfeiture as a bond posted by a bail bondsman. If you need forms/templates, let me know and I'll be happy to send you what I have.
Posts: 20 | Location: Paris | Registered: May 10, 2012
You will also want to make certain the appropriate officials are notified that the attorney is "disqualified to sign as a surety so long as the person is in default on the bond." art. 17.11 sec. 2. That should help get a prompt payment of the final judgment.
