### Petition to the Board of Directors of the Oklahoma Bondsman Association

Dear Members of the Board,

Subject: Petition to Utilize the Bondsman Legal Defense Fund

I am writing to petition the Board of Directors of the Oklahoma Bondsman Association to move to a vote on the utilization of the Bondsman's Legal Defense Fund. This petition specifically requests the fund be used to file a lawsuit against the pretrial programs that are operating illegally and the courts that are allowing these operations to continue.

**Background and Rationale:**

Over the past few years, several pretrial programs have been implemented within our jurisdiction that blatantly disregard legal boundaries and undermine the bail bonds industry. These programs are not only acting illegally but are also causing significant harm to our professional community and the public we serve. Moreover, some courts are enabling these illegal activities by allowing them to persist without proper oversight or accountability.

**Impact on the Bondsman Community:**

1. **Economic Harm**: The illegal operations of these pretrial programs have led to a considerable loss of business for licensed bondsmen, directly impacting our livelihood.

2. **Legal and Ethical Concerns**: The actions of these programs undermine the legal framework that governs our profession and pose ethical issues regarding fairness and justice.

3. **Public Safety**: The unchecked activities of these pretrial programs may compromise public safety, as they often lack the stringent measures and accountability that licensed bondsmen adhere to.

**Request for Action:**

In light of these concerns, I urge the Board to take immediate action by utilizing the Bondsman's Legal Defense Fund to initiate a lawsuit against the pretrial programs and the courts allowing their illegal activities. This legal action is essential to protect our profession, uphold the rule of law, and ensure that justice is served.

I suggest we start with the bail project as there has already been a decision handed down by the attorney general that is very clear.

“An individual working on behalf of a non-profit entity, who pays cash to secure the pretrial release of persons lawfully arrested and does not charge or receive money for doing so is not required to obtain a bondsman license pursuant to 59 O.S. 1303 (A) (2018). Such an individual is not “acting in the capacity of a bondsman or performing any of the functions, duties or powers prescribed for bail bondsmen under the provisions of section 59 O.S. 1301.”

We know that the bail project is doing much more then simply posting cash bail for defendants in custody. They are indeed performing many acts of a bail bondsman as outlined in title 59 O.S.

We know they are regularly

-utilizing bondsman’s forms (set aside’s) to reinstate bonds that forfeit.

-utilizing the 90-day rule set forth in title 59 to request remitter of funds when a defendant who has failed to appear returns to custody.

- checking and calling for warrants

-facilitating walk throughs

**Conclusion:**

By approving this petition, the Board will be taking a decisive step toward safeguarding the interests of all bondsmen in Oklahoma and ensuring that our industry operates within a fair and legal framework. I respectfully request that the Board move to vote on this critical issue at the earliest possible opportunity.

Thank you for your attention to this matter and for your continued dedication to supporting and protecting our profession.

Sincerely,

Jessica Williams