High court rules against bondsmen

Friday, Dec. 29, 2000 | 10:52 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court today rejected the appeal of a group of bail bonds companies in Las Vegas, which sought to recover $185,960 in filing fees, paid between 1991 and 1997 to the municipal court.

The Las Vegas Municipal Court imposed a $40 filing fee for bail bonds starting in 1991.

Blackjack Bonding, and a group of other bail bondsmen, filed suit claiming the municipal court did not have the authority in the law during that period to levy the fee and they sought recovery of the money paid.

The Supreme Court, in an opinion written by Justice Miriam Shearing, said the Nevada Constitution and the law "indicate that the municipal courts have the inherent power to charge and collect reasonable fees." The decision upheld the finding of District Judge Kathy Hardcastle.

Between 1991 and 1997, there was no specific authority in the law for the municipal courts to charge the fees. But the 1997 Legislature added a section to the law saying municipal judges are authorized to collect these fees.

Justice Shearing said the argument by Blackjack that municipal courts only have powers given to them by law is incorrect.