“We firmly believe that under the law every person is considered innocent until proven unable to pay us back.” Skip Hunter, Bail Bondsman. Bail bondsman accepted money to post bond, but did not post the bond or return the money. CRS 10-2-704 imposes fiduciary duties on “insurance producers” such as bail bondsmen. At common law, suretyship law controlled bail bondsmen, which the Court relied on for this Opinion. There are three parties to a suretyship: principle (criminal defendant), surety (bail bondsman), and the creditor (the court). A creditor is akin to an insured under the insurance statutes, and the fiduciary duty is owed to the insured. Thus, the bail bondsman did not owe any fiduciary duties to the criminal defendant. The case was remanded because it was not clear that the Insurance Commission would have reached the same result using the correct interpretation of the law.
http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SC672.pdf
http://www.cobar.org/opinions/opinion.cfm?opinionid=9287&courtid=2
New C.R.E. 803(10), effective February 18, 2014.
Here is the revised Colorado Rule of Evidence 803(10). No other changes were made to the rule. This conforms Colorado’s Rule to the Federal Rule
RULE CHANGE 2014(3)
Colorado Rules of Evidence
Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial
The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
(1) through (9) [NO CHANGE]
(10) Absence of public Record. Testimony – or a certification under Rule 902 – that a diligent search failed to disclose a public record or statement if:
(A) the testimony or certification is admitted to prove that
(i) the record or statement does not exist; or
(ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and
(B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice – unless the court sets a different time for the notice or objection.
The Committee recommended adoption of this amended version of C.R. E. 803( 10) to follow the identical amendment to F.R.E. 803(10) which took effect on December l, 2013.
( 11) through (18) [NO CHANGE]
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Tagged as CRE 803, Supreme Court