Couple of things going on here... first of all... the jail is violating the rights of the inmates because it removes their right to bail. No information, no bond... therefore violation of defendants civil rights.
Second, the only court that withholds info now is the JDR courts because of the minor issue.
A bondsman is a licensed agent with either himself as property or surety thu an insurance company. In Virginia a surety bondsman holds a bonding license with DCJS... a state department organization and a P&C insurance license thru the Dept. of Insurance. We have the legal right to be provided with information that allows us to perform our duty and job as outlined by state regulations. When any facility denies us access to the information we require to write the bond, they are violating not only the defendants civil rights but our rights as well.
This will not fly for long... I predict it will end almost immediately. There will be such an outcry from all sources that it will go away quickly... if not, we are all in trouble... when agencies start deciding which laws they will follow and which ones they will not.... we are in trouble.
I will say that there are some magistrates that are withholding SS and date of birth info that has to go on my power of attorney when posting the bond. As a legal document, it is required... I get around that by simply asking the defendant in the presence of the magistrate his SS and birthday... the magistrate cannot stop me from asking that question... most have no problem with this info but there are some that for some reason want to exert their power.... so I don't worry about it... I just ask.
This is out of my area so I have not experienced it first hand but reading the article I noted the last paragraph.... :
Quote:
"The local regional jail authority needs to immediately get back in line with Virginia’s open records law, or it will face potential lawsuits. The Bristol Herald Courier, for example, has been known to sue public agencies for thumbing their noses at the public’s right to know. In one noteworthy case, we got the records and also got a judge to force the city of Bristol, Va., to pay our attorney fees.
Are you paying attention, jail authority? "
I just posted a reply to that article on the website you have linked above.... I think others may want to provide their comments.
