[StBernard] I-Team: Clerks Of Court Allegedly Failed To File Notification Papers

[Westley Annis]

Local Parishes Could Lose $500k In Bond Payments

I-Team: Clerks Of Court Allegedly Failed To File Notification Papers

POSTED: 5:29 pm CST November 7, 2011

UPDATED: 10:38 pm CST November 7, 2011

NEW ORLEANS -- A combined half-million dollars due to Orleans and St.
Bernard parishes could be forfeited because the parishes failed to notify an
insurance company about the money owed.

The WDSU I-Team has learned that American Bankers Insurance Company of
Florida is seeking relief of nearly $300,000 in bond payments for St.
Bernard Parish and about $200,000 for Orleans Parish. In dozens of cases in
each parish, the company claims it was not notified that a defendant failed
to show for a court appearance.

American Bankers cites Louisiana law that gives the Clerk of Court in a
parish 60 days to send such notification.

The motions involve defendants like Daniel Million, arrested in 2009 on drug
and firearms charges. His bond was set at $30,000.

As in most cases, Million was required to post just a fraction of the set
amount, and a bond company was put on the hook for the rest, should Million
fail to appear.

One year later, when Million missed a court date, a bench warrant for his
arrest was issued and his bond was forfeited. Only the parish failed to
collect.

Now, American Bankers Insurance is seeking permanent relief from the $27,000
it should have paid.

"If we don't have a notice, we are discharged of our obligation to find him;
discharged of the legal custody; and yes, the bond obligation, too," said
Justin Zitler, a New Orleans-based attorney representing American Bankers.

Zitler cites a state law that gives the Clerk of Court 60 days to notify the
bail bond company and its insurer that a bonded defendant has skipped out.

"That 60-day window is strict under state law," Zitler said.

And American Bankers claims the office of St. Bernard Parish Clerk Lena
Torres failed to meet that deadline in more than 40 recent criminal cases.
Torres told WDSU she could not discuss the claims because they were part of
pending litigation.

Motions were also filed in more than 30 cases involving Orleans Parish,
where First Assistant District Attorney Graymond Martin blasted the move.

"American Bankers, under Louisiana law, has an obligation to policy holders
-- i.e., the State of Louisiana -- to timely pay the claims, not file
specious motions all over southeast Louisiana to avoid their payments," he
said.

Martin -- a former longtime NOPD officer -- helped write the state law
American Bankers is citing.

"I disagree with their interpretation," Martin said. "What's really
important is (that) criminal defendants come to court when they are supposed
to.

"If bail bond or insurance companies do not have to pay when criminal
defendants fail to come, well then pretty soon the criminal defendants won't
come."

Notification responsibilities in Orleans Parish fall under the office of
Clerk Arthur Morrell.

Legal analysts told WDSU they're not surprised by the maneuver.

"Of course the bonding company is going to want a way out," attorney Rick
Teissier said. "And if the D.A.'s office or Clerk's office didn't follow the
rules, they are going to find that way out. Simple as that."

Court dates have been set for November and December on the American Bankers
motions. It was not clear how or if the two parishes intended to fight the
effort.

Read more: http://www.wdsu.com/news/29707286/detail.html#ixzz1d7Tw1lF8