Kitsap County Superior Court has established clear and detailed procedures for bail bond companies and sureties to be authorized to post bail bonds within the county’s courts. These procedures, outlined in KCLCrR 2.4, are essential for ensuring that only qualified and compliant companies can operate in Kitsap County Superior Court, District Court, and Juvenile Court. Here’s everything you need to know about the Kitsap County bail bond justification process.

Annual Order of Justification Requirement

To post bail bonds in Kitsap County, all bail bond companies or sureties must obtain an annual Order of Justification. This process involves submitting a petition and a proposed order to the Kitsap County Superior Court by March 1st each year, along with a filing fee. This step is crucial for maintaining the company’s authorization to conduct business in Kitsap County courts.

Step-by-Step Justification Process

1. Petition Filing: Bail bond companies must file their petition and proposed order with the Kitsap County Superior Court Clerk’s Office by March 1st each year. A conformed copy must also be sent to the Civil Division of the Kitsap County Prosecuting Attorney’s Office by the same deadline.
2. Objections and Responses: The Civil Division of the Kitsap County Prosecuting Attorney’s Office has until March 31st to file any objections to the petition. If there are no objections, an agreed Order of Justification can be issued. If objections are raised, the petitioner has until April 10th to file a response.
3. Justification Hearing: If necessary, the court may hold a justification hearing before April 30th to review the petition. The petitioner may be required to appear and be examined under oath regarding their qualifications, in accordance with RCW 19.72.040. Any testimony taken during this hearing will be recorded.

Required Contents of the Petition

The petition for an Order of Justification must include detailed information about the bail bond company, such as:

• Court Identification: The specific Kitsap County courts where the company seeks authorization to post bail bonds.
• Types of Bonds: The types of bonds the company intends to post.
• Suretyship Obligations: A current list of all suretyship obligations within Washington State, including court names, defendant names, bond amounts, and issuance dates.
• Bond Forfeitures: Information about any bond forfeitures or other unpaid obligations, or a statement confirming there are none.
• Ownership Details: Names, addresses, dates of birth, and ownership percentages of all individuals or entities with an interest in the company.
• Agent List: An alphabetical list of all agents who will be issuing bail bonds on behalf of the company in Kitsap County.
• Jurisdictions: A list of all jurisdictions where the company is currently justified or has previously been denied justification.

Essential Documentation

Along with the petition, bail bond companies must provide several key documents:

• Business License/UBI Number: Documentation from the Washington State Department of Revenue or Department of Licensing.
• Insurance Certification: A current certification from the Washington State Insurance Commission, confirming the company’s compliance with state laws and identifying authorized agents.
• Power of Attorney: A fully executed power of attorney for each agent authorized to execute surety bonds, including the maximum bond amount.
• Agent Licenses: Copies of current Washington State Department of Licensing Bail Bond Agent licenses for all agents.
• Declaration: A declaration signed under penalty of perjury by each owner and agent, detailing criminal history, disciplinary actions, and open investigations.
• Verified Financial Statements: As specified in the petition.

Bond Limits and Justification Denial

• Bond Limits: The court’s Order of Justification will not authorize a company to write bonds exceeding $250,000 for any single bond. However, companies can seek approval for higher amounts on a case-by-case basis.
• Denial of Justification: The court may deny an Order of Justification if the petition is incomplete, inaccurate, or insufficient, or for other valid reasons.

Order of Justification: Terms and Validity

If the petition is approved, the court will issue an Order of Justification that outlines the corporate sureties authorized to write bonds, names the authorized agents, sets bond limits, and specifies any other conditions. This order is valid for up to one year and expires at midnight on April 30th each year.

Suspension, Revocation, and Amendments

• Suspension/Revocation: The court can suspend or revoke an Order of Justification at any time if the surety or agents are found to be insufficient or unreliable. The Kitsap County Prosecuting Attorney’s Office may initiate this process by filing a notice with the court.
• Adding/Removing Agents: Companies can add agents by filing a Notice of Intent to Add Agent(s) with the court and the Prosecuting Attorney’s Office. They must also notify the court and the Prosecuting Attorney’s Office if an agent is terminated. Failure to provide notice may result in suspension or revocation of the Order of Justification.
• Amendments: Companies can file petitions to amend the Order of Justification to reflect changes in company information. If no objections are raised, the order may be amended within ten court days.

Conclusion

The Kitsap County bail bond justification process is essential for maintaining the integrity and reliability of bail bond companies operating within the county. By following the procedures outlined in KCLCrR 2.4, companies can ensure they remain authorized to conduct business in Kitsap County courts. Understanding these requirements is crucial for any bail bond company seeking to operate in this jurisdiction. For more information and access to required forms, visit the Kitsap County Superior Court’s website.

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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