Kittitas County has established a rigorous process for the justification of bail bond companies and sureties wishing to post bail bonds within the county. This procedure, rooted in the court’s inherent authority and RCW 19.72.040, ensures that only authorized and financially responsible entities can operate in Kittitas County Superior Court, District Court, Juvenile Court, and any associated municipal or other courts.

What is the Order of Justification?

The Order of Justification is a mandate that no bail bond posted by a company or corporate surety will be accepted by any court in Kittitas County unless the company has obtained an order of justification from the Kittitas County Superior Court. This order is granted after a formal hearing on a petition filed by the bail bond company, ensuring that only those meeting strict criteria can post bail bonds.

Key Steps in the Bail Bond Justification Process

1. Mandatory Justification: Any bail bond company or corporate surety must obtain an order of justification from the Kittitas County Superior Court before posting bonds. Without this order, the bond will not be accepted by any court in the county.
2. Biennial Hearings: The Kittitas County Superior Court holds justification hearings every July. Once a company secures an order, it is valid for two years, expiring on July 31st of the second year. Notices of upcoming hearings are sent to all companies currently justified as of June 1st each year.
3. Petition Requirements: To apply for justification, companies must file a detailed petition with the Kittitas County Clerk. This petition must include:
   • A valid state business license and bail bond agency or branch office license.
   • A Certificate of Authority from the Washington State Insurance Commission for those seeking to post surety bonds.
   • Current bail bond agent licenses and powers of attorney for those authorized to execute bonds.
   • A declaration signed under penalty of perjury by each agent, listing personal details and criminal history.
   • Any additional documentation that proves the company’s financial and corporate responsibility.
4. Service of Petition: The petition must be served on the Superior Court Presiding Judge and the Civil Division of the Kittitas County Prosecuting Attorney’s Office at least 45 days before the hearing. Failure to serve the petition properly may result in it being dismissed or denied.
5. Court Evaluation: During the hearing, the court evaluates the financial stability and reliability of the company and its agents. The court may deny the petition if it is incomplete or if there are concerns about the company’s ability to meet the requirements.
6. Issuance of the Order of Justification: If approved, the court issues an order specifying the authorized corporate sureties, the agents who can post bonds, and the maximum bond amount (usually capped at $100,000). Companies may seek approval for higher amounts on a case-by-case basis.
7. Verification and Compliance: The Kittitas County Jail will only accept bonds posted under a current order of justification. Companies must provide the jail with a copy of the order and current photos of authorized agents before conducting business.
8. Suspension or Revocation: The court can suspend or revoke an order of justification at any time if the company or its agents are found to be insufficient or unreliable. The Kittitas County Prosecuting Attorney’s Office can initiate this process by filing a notice with the court.
9. Adding Agents: Companies can add new agents by filing a Notice of Intent to Add Agent(s) with the court and notifying the Prosecuting Attorney’s Office. If there are no objections, the agent will be authorized without a hearing.
10. Termination of Agents: Companies must notify the court and the Prosecuting Attorney’s Office within 20 days if an authorized agent is terminated. Failure to do so may lead to the suspension or revocation of the order.

Conclusion

The bail bond justification process in Kittitas County is a vital part of maintaining the integrity of the county’s judicial system. The Order of Justification ensures that only qualified and reliable bail bond companies and sureties can post bonds. Companies looking to operate in Kittitas County must thoroughly understand and comply with these requirements to maintain their authorization.

This process was formally adopted by Kittitas County on April 4, 2017, and remains a cornerstone of the county’s commitment to upholding the law.

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About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com