Document Number: CTS-WKI-405 Revision Number: 1 Approved By: Collections Manager Effective Date: 6/26/2017 Description of Last Change:

Transcription

1 PURPOSE: This instruction specifies how to efficiently and effectively process the posting of Attorney/Surety bonds. SCOPE: This performance standard and procedure applies to all personnel in the Department of Court and Detention Services and other City personnel involved in processing attorney surety bonds. RESPONSIBILITY AND AUTHORITY: Division Manager, Collections Supervisor, and Court Specialists shall take responsibility for ensuring that all Court and Detention Services employees adhere to this policy. SAFETY: Follow all applicable City of Dallas safety guidelines associated with this work instruction. Arrange your workplace to be ergonomic and to reduce repetitive office injuries. Consult your Job Safety Analysis for your Job Title. ENVIRONMENT: Recycle/Shred paper when applicable; Recycle other consumables such as printer cartridges and used pens. Print Preview before printing. Follow all applicable City of Dallas Environmental procedures associated with this work instruction/procedure. DEFINITIONS: Surety/Attorney A lawyer qualified to represent clients in court proceedings Attorney File File in Incode containing established Attorney accounts with the Court. File contains Attorneys contact information, assigned Attorney number by the Court, and State of Texas bar card number. Bar Card A card issued by the State in which the Attorney is certified by the State of Texas to practice law. Letter of Representation Attorney s Letter advising the court of representation of defendant. WORK INSTRUCTIONS 1. POSTING ATTORNEY/SURETY BONDS 1.1. Verify that Attorney/Surety has a state of Texas Bar Card and a Valid Identification card. 1 of 5

2 1.2. Create an account for any Attorney who does not have an account with the Court by first searching the Attorney Maintenance for Attorney s name to verify there is not already an account established Click on Criminal Court Click on Administration Click on Setup Click on Master Files Click on Attorney Maintenance The CT Attorney Maintenance screen will appear Click on the magnifying glass and the CT Attorney Code Lookup screen will appear. Enter name or Bar Card information Check Current State Bar Status of an Attorney with the State Bar of Texas by visiting website: Print the Department of Court Services Attorney File (CTS-FRM-418) and direct the Attorney to complete the form Make a copy of the Attorney s State Bar of Texas Bar Card and Driver s License and attach to Court Services Attorney File (CTS-FRM-418). 2. Request a Letter of Representation (External) for each defendant and/or a Surety Bond along with the Attorney s State Bar of Texas Bar Card when conducting a transaction 2.1. When the citation is within the original 21 days a Letter of Representation is needed for each Attorney s defendant to request a court date A Letter of Representation can only contain up to ten (10) case numbers for the same defendant, otherwise a Letter of Representation per defendant is required The Letter of Representation is date stamped and delivered to Records for imaging Verify the Attorney/Surety four digit account number through the Attorney Maintenance. 2 of 5

3 If the citation is NOS (not on the system) refer to Beginning of Day Instruction (CTS-WKI-505) Do not file stamp bonds for citations that are NOS Do not accept bonds for citations that are NOS Legal Assistants have the ability to drop off and file a Letter of Representation with the court. They are not able to post a Surety/Attorney Bond without the Attorney being present when posting Bond. An Attorney/Surety cannot post attorney/surety bonds for another Attorney. 3. ATTACHING AN ATTORNEY TO A CITATION 3.1. Select all cases in the Citation Selection Window that the attorney submitted a letter of representation for Click the Disposition Macro button 3.3. Enter WATTY to select the Attach Attorney to Cases Macro 3.4. Click OK 3.5. In the Disposition Macro Prompts window Enter the 4 digit Attorney account number with a 0 (Zero) preceding the number. (Example 01234, if 1234 is the Attorney number) 3.6. Click OK 4. ACCEPTING AN ATTORNEY/SURETY BOND 4.1. For Alias and Bond citations accept the Letter of Representation and Surety Bond containing signatures and addresses of attorney/surety and the defendant/principal, and the signature of the person witnessing the defendant/principal s signature to assure that all information has been completed Surety Bonds not containing all of the required signature and/or the bond amount (under Oath of Surety) is not for a value twice (2X s) the fine amount, the bond shall not be accepted Bonds cannot be posted on Capias citations 4.4. Surety bonds cannot be posted when another surety bond is already posted 3 of 5

4 4.5. The clerk must witness the attorney/surety sign and date the back of the bond on the Affiant and Surety line and acknowledge they have witnessed this procedure by signing the line designated for the Deputy Clerk The City of Dallas clerk at the Detention Center will inform the attorney/surety that a signed bond must also have the signature of a sworn official that witnessed the defendant/principal sign the bond. If all signatures are not on the Surety Bond and/or the bond is not for a value of twice the bond amount, the bond shall not be accepted After receiving all signatures and addresses, Clerk shall sign and date the bottom of the first page in the Taken and approved section of the Bond Sign the bottom of the 2 nd page of the Bond to witness the signature of the attorney/surety in the Deputy Clerk of the Court field Look up the case in the citation selection in Incode. Refer to Beginning of Day Instruction (CTS-WKI-505) Right click on the case, choose the bond option The Bond Maintenance screen will appear Clerk will click add and Post New Bond screen will appear Select Surety in Bond Type and enter current Date Choose Attorney in the Posted By Field Tab down to Bondsperson/Attorney and enter the attorney s City of Dallas number or click on the Magnifying glass and search by attorney name Tab down to Amount Field and enter the full amount of the bond to be posted and click OK Click Exit to get out of Bond Maintenance Screen. REFERENCES: Texas State Bar Attorney Search N.O.S. Log Book Beginning of Day Instruction External CTS-WKI of 5

5 RECORDS: Attorney/Surety Bond Letter of Representation Attorney Record Add/Update Form External Form External Record CTS-FRM of 5