State v. Jones

State v. Jones  (97-030); 167 Vt. 615; 709 A.2d 507

[Filed 11-Mar-1998]


                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 97-030

                             OCTOBER TERM, 1997


State of Vermont                  }     APPEALED FROM:
                                  }
                                  }
     v.                           }     District Court of Vermont
                                  }     Unit No. 2, Chittenden Circuit
Fisher Jones                      }
(Green Mountain Bail Bonds, Inc)  }     DOCKET NO. 96-10-96Cnfj
(Shelley D. Palmer, Appellant)    }

       In the above-entitled cause, the Clerk will enter:

       Bail surety Shelley D. Palmer of Green Mountain Bail Bonds appeals a
  district court order forfeiting $10,000 in bail.  Defendant Fisher L. Jones
  was arrested as a fugitive from justice, and released on bail pending
  extradition, under 13 V.S.A. § 4955.  Surety argues on appeal that his bail
  bond secured defendant's availability for no longer than the thirty days
  provided in the statute, and that the court was required to "again take
  bail for [defendant's] appearance" for an extension of time to await
  issuance and service of the governor's extradition warrant.  13 V.S.A. §
  4957.  We agree and reverse.

       On October 3, 1996, authorities in Vermont arrested defendant on a
  fugitive from justice warrant for alleged violation of parole conditions
  imposed by the State of Colorado.  See 13 V.S.A. § 4955.  The same day,
  defendant was released on $10,000 bail, backed by surety.  The bail order
  and bond indicated no specific conditions of release, but provided that the
  next court date was a status conference to be held November 1, 1996. 
  Defendant appeared in court on that date, but because the governor's
  extradition warrant had not yet issued, the court extended for an
  additional sixty days defendant's commitment to await extradition.  See 13
  V.S.A. 4957 (court may extend for sixty days time of commitment to await
  arrest under governor's extradition warrant, "or may again take bail for
  [defendant's] appearance and surrender").  The court did not take new bail,
  but instead released defendant on the original $10,000 bond. Defendant
  appeared at a status conference on November 26, 1996, and again on December
  3, 1996, where he was arrested under a governor's extradition warrant. 
  Defendant expressed his wish to challenge the validity of the governor's
  warrant and was released once again on surety's original bail.  On December
  5, 1996, surety filed notice that the previously taken $10,000 bail bond
  should not be used to secure defendant's continued appearance in court. 
  Defendant appeared in court for a status conference on December 12, 1996,
  but failed to appear at a conference scheduled for January 8, 1997.  The
  court ordered a warrant for his arrest and detention without bail.  On
  January 20, 1997, surety moved to chancer bail under 13 V.S.A. §§ 7570,
  7571, but the court found defendant had violated bail conditions and
  ordered forfeiture. Surety appeals.

       A fugitive from justice of another state may be detained in Vermont
  pending issuance of a governor's warrant directing rendition of the accused
  to the other state.  See 13 V.S.A. §§ 4941 -- 4968.  The proceeding is not
  a criminal prosecution, but rather "a unique statutory procedure aimed at
  implementing the extradition provision of the federal constitution." 
  Lovejoy v. State, 148 Vt. 239, 242, 531 A.2d 921, 923 (1987).  Statutory
  authority for defendant's arrest and detention pending extradition derives
  from 13 V.S.A. § 4955, which provides that a fugitive

 

  shall be committed to jail, or released on bail, "for such a time, not
  exceeding thirty days . . . as will enable the arrest of the accused to be
  made under a warrant of the governor." (Emphasis added).  Section 4957
  provides further that if, by the expiration of the time period specified
  for the initial detention under § 4955, the accused is not arrested under
  warrant of the governor, the court "may discharge him or may recommit him
  for a further period not to exceed sixty days, or may again take bail for
  his appearance and surrender."  13 V.S.A. § 4957 (emphasis added).  On
  October 2, 1996, the district court issued an order providing that
  defendant "be committed to jail for a period not exceeding 30 days, as will
  enable [his] arrest . . . to be made under a warrant of the Governor on a
  requisition of the executive authority of Colorado, pursuant to 13 V.S.A. §
  4955."  Defendant's October 3, 1996 release on bail was made under
  authority of the October 2 warrant and § 4955.  At most, the bail taken
  covered a time period not to exceed thirty days.  Defendant made all
  appearances in court requested of him during the thirty days following the
  bail order; no condition of bail was broken.  On November 1, 1996, when the
  court extended defendant's commitment to await extradition for sixty days,
  it should have, but did not, "again take[n] bail for his appearance and
  surrender."  13 V.S.A. § 4957.  The court erroneously forfeited surety's
  bail in the amount of $10,000.

       The district court's order forfeiting bail is reversed.  Funds
  surrendered pursuant to the order shall be returned.




                              BY THE COURT:



                              _______________________________________
                              Jeffrey L. Amestoy, Chief Justice

                              _______________________________________
                              John A. Dooley, Associate Justice

                              _______________________________________
                              James L. Morse, Associate Justice

                              _______________________________________
                              Denise R. Johnson, Associate Justice

                              _______________________________________
                              Marilyn R. Skoglund, Associate Justice