The Johnson County Courthouse is seen in Franklin in fall 2022. Local judges have delayed implementing proposed local court rule changes in order to further evaluate the changes.
Daily Journal File Photo
Local judges have temporarily delayed implementing proposed changes to Johnson County’s bail bond schedule.
On Oct. 17, the judges of Johnson County’s Circuit Court and Superior Courts gave notice of their proposal to amend the county’s local rules — standards that govern practical or procedural affairs of local courts — including minimum cash bail amounts and surety bonds. The public had until Nov. 16 to comment on the proposed changes, which were planned to go into effect on Jan. 1, 2023.
However, the changes have been delayed until at least June so local judges could have more time to further evaluate the changes and the comments they received from the public. The majority of the public comments received came from local bail bond agents and surety companies, said Shena Johnson, courts administrator.
“The judges wanted more time to evaluate the public comments and ensure that we are doing what’s best for Johnson County,” Johnson said.
The goal now is for the revisions for the proposed rule change to be finalized by June 1, Johnson said. The final changes would go into effect sometime in the next year or so.
For nearly two years, Johnson County criminal court judges have been having discussions about the local rule changes. The changes ranged from updating the bail bond schedule to formally preserving the conditions of the county’s pretrial release program.
The county’s pretrial release program predates a state Supreme Court mandate from 2020 that required all counties to enact a program, so this rule amendment was meant to codify the conditions of the program, Johnson said last month.
Some of the more major changes had to do with the county’s bail bond schedule. Bonds are designed to ensure a defendant appears at subsequent court dates and to deter future criminal activity.
Under the initial proposal, the standard minimum bail bond in some felony criminal cases would have been lowered, and surety bonds would have been eliminated.
One local bail bondsman had expressed concerns to the Daily Journal about the proposal last month. Angie Mardis, the owner of Angie Mardis Bail Bonds in Franklin, argued that if the county moved to an only-cash system, there would be no one to make sure defendants out on bail appear in court.
“They’ll still have warrants and things, and they’ll still possibly be served by the police department, but there is no surety to it to ensure they go to court,” Mardis said.
Currently, all crimes — with the exception of murder — have both cash and surety bond options. Surety bonds are used as a guarantee to make sure a defendant appears, and typically cost 10% of the bond amount. For Level 1 to Level 3 felonies, the surety is dependent on the case, officials said last month.
For example, the minimum bond for a Level 1 felony is $40,000 cash or surety. A $40,000 surety bond would cost $4,000.
Under the changes, those detained on charges ranging from Level 1 to Level 3 felonies would have seen the minimum cash bond amounts drop closer to the 10% surety levels.
For example, detainees who are arrested on Level 1 felony charges would’ve seen the minimum cash bond amount drop to $4,000 cash — approximately the same amount as 10% surety. Those who are arrested on Level 2 felonies would’ve seen cash bonds lowered to $3,000 from $30,000, documents show.
On the flip side, those facing criminal charges ranging from Level 4 to Level 6 felonies would’ve seen cash bond amounts rise. For example, the current minimum cash bond for a Level 4 felony is $600 with a surety of $6,000. Under the initial proposal, this would rise to $1,500 cash.
Level 6 felony charges would have increased to $800, a $600 increase from the current $200 minimum. Surety is currently $1,000 for Level 6 felonies.
People arrested on charges of murder would continue to be held without bond. Those arrested on misdemeanor charges would’ve continued to have a minimum cash bond of $250, documents say.
Other changes proposed by judges included providing more clarity on other court procedures and changing wording.
