TBA Law Blog


Posted by: Stacey Shrader Joslin on Apr 6, 2020

The Tennessee Supreme Court today upheld a 31st Judicial District rule of court requiring bail bonding companies to have an agent present at court appearances of defendants for whom the bail bonding company serves as surety. The case arose when Cumberland Bail Bonding and two of its defendants failed to appear for hearings in September 2017. The court suspended the company from writing any additional bonds after a hearing. Cumberland appealed, alleging that the local rule is inconsistent with Tennessee statutes and is arbitrary and capricious. The appeals court agreed that the agent requirement was “arbitrary, capricious, and illegal.” The Supreme Court reversed the Court of Criminal Appeals decision saying trial courts have authority to adopt local rules addressing any topic so long as those rules do not conflict with statutes or Supreme Court rules.