Thursday, January 20, 2011

Judge Fishburn Order Re: Bond hearing


This matter is before the Court upon the Petition of the Defendants for a Writ of Certiorari and Supersedeas and to declare as unconstitutional the amendments relating to DUI bonds, which became effective January 1, 2011. Based upon the stipulation of the parties and the arguments of counsel and the entire record in this cause;

It is hereby ORDERED, ADJUDGED and DECREED that the Magistrates shall not set any open court bonds on persons charged with a multiple offense DUI or have a pending DUI charge regardless of whether or not the Magistrate deems the defendant to be a danger to the community.

It is further ORDERED that the Magistrates shall set a reasonable bond considering all the statutory factors set forth in T.C.A. 40-11-118 and 40-11-148.

It is further ORDERED that the Magistrates shall give particular consideration to the issue of whether the defendant is a danger to the community and, if it is determined that the offender is a danger to the community, then the Magistrate shall require as a condition of the bond the appropriate monitoring device as set forth in T.C.A. 40-11-118 and 148 as amended.

It is further ORDERED that the defendant shall be released on bail notwithstanding the unavailability of the device, with the defendant being advised that they are to report to the General Sessions Court Probation Department no later than 12:00 P.M. the next business day to have the monitoring device installed and / or activated.

It is further ORDERED that all other matters are reserved pending further Orders of the Court.

Entered this 19th day of January, 2011


Mark J. Fishburn, Judge

Criminal Court, Div. VI

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