Hi -

Anyone have any appellate (or trial) decisions on the 180 day and 270 day recapture rule on judgments nisi? My feeling is that it's unconstitutional under Williams and Armadillo, but I could use any support from other quarters.

Marty

The cases finding amendments to the bail bond recapture laws unconstitutional were based on the principle that the legislature can't undo a judgment after is is final. The current law makes the judge wait certain periods of time before proceeding to a final judgment. So, what makes you feel it is unconstitutional?

Williams (707 SW2d 40) says that the Lege can't require modification of a final judgment. Armadillo (802 SW2d 237) says that the Lege making the court wait 18 months for a final judgment is also a separation of powers problem. The current rule essentially hits the same problem as Armadillo - it essentially provides that the court can't enter a final judgment within 9 months. Although it phrases it differently, it's essentially the same issue.

Frankly, from a logical point of view, it doesn't make any sense, either. Essentially, we're saying that the bondsmen's job is not to get the defendant to trial on the day of trial anymore...it's just to get them there within 9 months.

Check with Colin McFall in Anderson County. Apparently he has persuaded a trial court that the statute was unconstitional along the lines you suggest. I do not know if there will be an appeal.