State v. Camara

916 P.2d 1225, 81 Haw. 324, 1996 Haw. LEXIS 33
CourtHawaii Supreme Court
DecidedMay 15, 1996
Docket18606
StatusPublished
Cited by101 cases

This text of 916 P.2d 1225 (State v. Camara) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Camara, 916 P.2d 1225, 81 Haw. 324, 1996 Haw. LEXIS 33 (haw 1996).

Opinion

MOON, Chief Justice.

Surety-appellant Aloha Bail Bonds (Aloha or the surety) appeals from an order of the circuit court denying its motion to set aside a judgment of forfeiture of an appearance bond (motion to set aside). On appeal, Aloha contends that the circuit court erred in determining that a judgment of forfeiture may be set aside only if the movant shows good cause for the defendant’s failure to appear in court when required. For the reasons discussed below, we hold that the circuit court’s interpretation of Hawaii’s forfeiture statute was unduly restrictive. We therefore vacate the circuit court’s order denying Aloha’s motion to set aside and remand this case for a rehearing on Aloha’s motion to set aside consistent with the construction of Hawaii’s. forfeiture scheme outlined in this opinion.

I. BACKGROUND

On December 29, 1993, defendant-appellee Patricia M. Camara (Camara or the principal) was charged with attempted murder in the first degree and using or threatening to use a firearm in the commission of a separate felony. On January 3,1994, the circuit court set bail at $150,000, and, on January 12,1994, Aloha posted a bail bond in the required amount.

Bail, or the giving of bail, is the signing of the recognizance by the defendant and the defendant’s surety or sureties, conditioned for the appearance of the defendant at the session of a court of competent jurisdiction to be named in the condition, and to abide by the judgment of the court.

Hawaii Revised Statutes (HRS) § 804-1 (1993); see also United States v. Craft, 763 F.2d 402, 404 (11th Cir.1985) (“A bond is a contract between the surety and the government that[,] if the government releases the principal from custody, the surety will undertake that the principal will appear personally at any specified time and place.... It is thus the surety’s responsibility to ensure the principal’s attendance.” (Internal quotation marks and citation omitted.)).

The bail bond having been posted, and Camara having been released, Camara became obligated to make all scheduled court appearances, as provided in HRS § 804-7.4 (1993), which states in relevant part:

Any person released on bail, recognizance, supervised release or conditional release shall be released subject to the following conditions:
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*326 (2) The person shall appear for all court hearings unless notified by the person’s attorney that the person’s appearance is not required....

HRS § 804-7.4; see Pelekai v. White, 75 Haw. 357, 363 n. 3, 861 P.2d 1205, 1209 n. 3 (1993) (“The right to release before trial is conditioned upon the accused giving adequate assurance that he [or she] will stand trial and submit to judgment if found guilty.” (Citations omitted.)).

' Camara’s case was called for trial on September 6, 1994, at which time jury selection was commenced. Camara appeared on the first day of trial. On the morning of September 8, 1994, Camara apparently failed to appear. 1

The court reconvened on September 8, 1994, at 1:30 p.m., at which time the following colloquy between the court and Camara’s counsel occurred:

THE COURT: [Counsel, is there] anything new with respect to Mrs. Camara?
[COUNSEL]: [I] called her home ... and left three messages indicating what had gone on in court. This morning I had told her that the bond at present is forfeited, that she should show up this afternoon at 1:30. Tomorrow, if she doesn’t, that tomorrow at 8:30 is her absolutely, positively last chance. That a bench warrant will issue for her arrest. That she will, in all probability, not be given bail at that time if she is picked up on that charge, and she will await trial at women[’]s prison.
Mr. Chinen has contacted a — an investigator ... to see if he could find her.... I also contacted the bonds[person], Art Lee of [Aloha] Bail Bonds. [The bondsperson] sent someone out to Waianae[, where Camara resides,] and ... he had gone to [Camara’s] house and she was not-there. [Furthermore,] he was actually combing the streets of Waianae and Nanakuli looking for her there.
At present, Your Honor, those are the things that have been done in an attempt to bring Mrs. Camara to this courtroom.

The court stayed forfeiture of the bond on the condition that Camara appear in court at 8:30 a.m. the following morning.

The following morning, September 9, 1994, Camara again failed to appeal’ in court as required. Defense counsel represented to the court that, despite the efforts of numerous people, including himself, an investigator/bounty hunter, and the police, Camara’s location remained unknown. Specifically, defense counsel stated:

[T]he investigator who Mr. Chinen yesterday retained and called, could not find Mrs. Camara. My understanding also is that Mr. Amaral, who is evidently an investigator or bounty hunter ... with the bail bondsperson also could not find Mrs. Ca-mara. I called ... both Mr. Chinen and the bonds[person] this morning, and there really is no other information other than that.
[M]rs. Camara has both my office number and my home number. There were no messages this morning when I arrived or left. I checked again just prior to court resuming this morning and there was no message from Mrs. Camara. I called her twice this last night and again this morning at 8:30; there was no response at the number that I have for her.

HRS § 804-17 (1993) provides that

[t]he names of all persons who have given bail or have become bound by recognizance to appear in any court, shall be called in open court on the day and at the time they are respectively bound to appear, and if they fail to appear promptly and respond thereto, their default shall be entered, and the entry shall be evidence of the breach of their appearance bond or recognizances.

*327 (Emphasis added.) Thus, Camara, having failed to appear on September 8 and 9, breached the conditions of her appearance bond, thereby subjecting Aloha to the forfeiture of the bond. Aloha’s bail bond included the following provision:

[T]he undersigned surety, or sureties, as surety, hereby undertake that the said defendant will appear

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Cite This Page — Counsel Stack

Bluebook (online)
916 P.2d 1225, 81 Haw. 324, 1996 Haw. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-camara-haw-1996.