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STATEWIDE BAIL BONDING v. BARLOW

No. 20130452-CA.

321 P.3d 1162 (2014)

2014 UT App 54

STATEWIDE BAIL BONDING, Petitioner, v. The Honorable Charlene BARLOW, Respondent.

Court of Appeals of Utah.

March 6, 2014.

Attorney(s) appearing for the Case

Randall T. Gaither , for Petitioner.

Brent M. Johnson , for Respondent.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judge MICHELE M. CHRISTIANSEN concurred. Senior Judge RUSSELL W. BENCH dissented, with opinion.

VOROS, Judge:

¶ 1 This case arises from the interaction of two provisions of the Bail Surety Act. Subject to stated conditions, one provision directs the court to order forfeiture of the bail bond on the prosecutor's motion if the surety fails to produce the defendant within six months after her nonappearance. The other provision directs the court to exonerate the bond if the surety produces the defendant before judgment. Here, the surety produced the defendant...

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