Court denies appeal from Jackson County bail bond company

Ex-Sheriff Byrd had barred firm in Jackson County

Associated PressJuly 9, 2014 

Byrd

JOHN FITZHUGH — SUN HERALD Buy Photo

JACKSON -- A federal appeals panel has upheld a ruling that Mississippi sheriffs are authorized to decide who will -- or won't -- write bail bonds in their counties.

The ruling came last week from a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans. The ruling upheld a decision by a Mississippi federal judge last year.

The lawsuit was filed in October 2012 against Sheriff Mike Byrd and Jackson County after Byrd barred three Pugh Bonding Co. employees from writing bonds that February.

Plaintiffs Donald Pugh, Percy Gusta and Priscilla Gusta alleged they were removed from the approved bondsman list without notice or reason. They sought reinstatement to the list and a permanent bar against being removed in the future.

A Mississippi judge ruled against them in November.

Court records show the Gustas were placed on Jackson County's bail bondsmen list in 2008 and Pugh was added in 2010.

Records show Byrd removed them from the list after he received complaints Pugh Bonding was undercutting other bail agents by not adhering to a 10 percent bond-premium rule and being disruptive toward other bail agents. Pugh and the Gustas denied the complaints.

The 5th Circuit panel said the writing of bail bonds is not subject to due-process protections under federal and Mississippi laws. The panel said Mississippi law leaves it to the discretion of the sheriff as to who can write bail bonds.

"The plaintiffs have failed to offer any evidence that they had a contract with the defendants to write bail bonds in the county," the panel said.

The panel also rejected arguments Byrd discriminated against the bonding company.

Court records show Byrd required bail agents to first be approved by satisfying certain criteria set forth in documents such as the Official Agreement for Bonding Companies and Bonding Company Rules and Regulations.

Approved bail agents must follow certain "directives," such as not being disruptive toward employees, arrestees or other bail agents in the jail, and must charge those arrested a minimum of 10 percent of the bond.

Byrd resigned as sheriff in December when he pleaded guilty to state and federal charges. He began concurrent sentences of six months home confinement in March.

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