The Kanawha Public Defender's Office wants an administrative order rescinded that allows professional bail bondsmen back in Kanawha County.
The administrative order allowing bondsmen in Kanawha County was entered Oct. 5 by Chief Kanawha Circuit Judge James Stucky. But it's never been presented to the state Supreme Court for approval, as state Trial Court Rules require, according to the petition filed by the Public Defender's Office on Tuesday in Kanawha Circuit Court.
Supreme Court justices must approve of any local rule changes, wrote Chief Public Defender Diana Panucci and former chief George Castelle, who now works as senior counsel for the office.
The Supreme Court Clerk confirmed that Stucky never submitted the administrative order to justices, according to the petition.
State Trial Court Rules also require that in a circuit with multiple judges, a majority of judges sign off on administrative orders, the petition states. The order entered in October bears only Stucky's signature and makes no mention of how many judges opposed the order. Judge Duke Bloom is the only one of seven Kanawha circuit judges to speak out against the order.
Stucky's nine-page order allows bail bondsmen to get people facing charges in Kanawha out of jail, although individual bondsmen must first apply and get approval from the chief judge before they begin working. Judge Tod Kaufman will take over Jan. 1 as chief judge.
Kanawha circuit judges barred professional bail bondsmen in 1998, after questions were raised about some of the bondsmen's lack of property value to secure some bonds.
The 1998 administrative order would have allowed bondsmen to operate in Kanawha, but only if they formed a partnership, rather than being competitors. Bondsmen haven't worked in Kanawha ever since.
Panucci and Castelle argue that the 1998 order should still be in effect.
According to the petition, in 2004, the Legislature passed a bill regulating bail bondsmen and authorized the Supreme Court to adopt rules about the practice. Justices at the time, though, said it should be left up to individual circuits.
They amended trial court rules to state bondsmen can continue to function under rules adopted prior to 2004. Any new rules would have to come before the high court for approval, the petition states.
Stucky began holding hearings earlier this month to question potential bondsmen who have applied to work in Kanawha.
During at least one of the hearings, Panucci voiced objections to the new system and told Stucky that professional bondsmen weren't necessary. She also pointed out defendants would lose money.
In Kanawha, a defendant usually is given the option of posting 10 percent of their bond amount to get out of jail. That money is then returned to them if they show up for court.
But if they use the services of a bail bondsman, they don't get that money back.
Stucky has not ruled on the applications of the bond companies who have applied to begin working in the county.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.