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Court orders damages to Lake County in bail bond case

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The Indiana Court of Appeals has remanded a bail bond case it considers filed in bad faith, with instructions that the trial court judge calculate damages for the Lake County sheriff, Superior Court Clerk, and the Criminal Justice Section of the Lake County Bar Association.

In Smith and Zacek v. Lake County, et al., the appellate court ruled today that the two bail bondsmen filed a complaint in 1999 alleging that bail statutes included in the Indiana Code were unconstitutional under the Equal Protection Clause and Privileges and Immunities Clause of the state constitution, in that "when a defendant fails to appear, bail agents are subject to forfeiture and late surrender fees while defendants who post 10 percent cash bonds are not."

The following year, a judge entered an order declaring Indiana Code Section 35-33-8-3.2 unconstitutional and enjoined the defendants from allowing bail for any criminal defendants pursuant to that statute. The Lake County Bar Association entered as amicus curiae and later as a defendant, and the county appealed to the Indiana Supreme Court. The high court reversed the trial court decision and ruled the state ;s bail scheme doesn ;t violate the constitution. After further appeals, the case was ultimately remanded to a special judge, who entered final summary judgment in favor of the county on the basis of res judicata.

In this latest appeal, the Court of Appeals cites Smith ;s history of filing suits relating to bail bonds: "When viewed in the context of Smith ;s well-documented history of piecemeal attacks on Indiana ;s bail scheme, however, the instant appeal may fairly be calculated as harassing and vexatious. We therefore remand for a calculation of damages, including appellate attorneys ; fees, to which Appellees may be entitled in accordance with Appellate Rule 66(E)."

Read the full opinion at Herbert Smith, Jr. and Charles Zacek v. Lake Co., Lake Co. Sheriff, and Clerk of Lake Superior Court.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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