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Thursday, April 05, 2007
Ind. Decisions - "Bail bondsman must pay damages"
The NWI Times has a story today about the Court of Appeals ruling Tuesday in Herbert Smith, Jr. and Charles Zacek v. Lake Co., Lake Co. Sheriff, and Clerk of Lake Superior Court (see ILB entry here). Some quotes:
The Indiana Court of Appeals ruled Tuesday that Herbert Smith, a Gary bail bondsman, must pay damages for filing what they say are "piecemeal attacks on Indiana's bail scheme."Matthew LaTulip, the attorney representing Lake County, said it's important to note that the Indiana Court of Appeals "doesn't order sanctions lightly."
The court ordered Smith to pay the county's legal fees incurred while fighting the several cases Smith brought against it challenging the county's bond system.
Smith has not won any of the cases, and the Court of Appeals message to Smith is that the matter has been decided and it's time to stop, LaTulip said.
The 14-page decision states damage should be assessed when "an appeal is replete with meritless, bad faith, frivolity, harassment, vexatiousness, or purpose of delay."
Smith said the law "clearly states one way and courts are acting in another.
"I understand it's difficult for the courts to rule against themselves," Smith said. "This ruling gives the message: 'Little people go away.' "
Posted by Marcia Oddi on April 5, 2007 09:29 AM
Posted to Ind. App.Ct. Decisions