State v. Fishman

194 A.2d 725, 2 Conn. Cir. Ct. 83, 1963 Conn. Cir. LEXIS 222
CourtConnecticut Appellate Court
DecidedMarch 14, 1963
DocketFile No. CR 1-2896
StatusPublished
Cited by4 cases

This text of 194 A.2d 725 (State v. Fishman) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fishman, 194 A.2d 725, 2 Conn. Cir. Ct. 83, 1963 Conn. Cir. LEXIS 222 (Colo. Ct. App. 1963).

Opinion

Pruyn, J.

The defendant, a professional bondsman, in a trial to the court was found guilty on nine counts of charging commissions or fees as a professional bondsman in excess of the maximum limits prescribed by § 29-151 of the General Statutes. On his appeal, he admits the facts of overcharge but asserts that the statute under which he was convicted is unconstitutional as depriving him of the equal protection of the laws within the meaning of the relevant provisions of the United States and Connecticut constitutions. U.S. Const. amend. XIV § 1; Conn. Const. art. I §§ 1, 12.

Connecticut, like other states, has regulated the business of professional bondsmen. Such a business affords peculiar opportunity for fraud or imposition on the unfortunate persons who find themselves in the toils of the law as a result of a criminal charge and have need for bail. Such a business may also be so conducted as to interfere with the proper administration of the criminal laws. The unscrupu[85]*85lous may exact high fees from the poor and ignorant, devise ways for the escape of violators of the penal laws and use improper or illegal means to secure acquittal, or, in some cases, be financially irresponsible. Thus, this business falls within the police power of the state. Jackson v. Beavers, 156 Ga. 71, 75.

Our first statute, enacted in 1945 (Sup. 1945, §§ 1021h — 1024h), provided for the registration, with the clerk of the Superior Court in each county in which it was intended to do business, of “[a]ny person who makes a business of furnishing bail in criminal cases,” and for the filing of a financial statement under oath and the payment of a fee of $100. The fee of a bondsman was limited to 5 percent of the amount of bail furnished up to $5000, and 2.5 percent on any sums above that amount. The only penalty for violation of the statute was a fine of not more than $100 or imprisonment for not more than thirty days or both. This statute was construed by the attorney general of Connecticut as not including corporate sureties within its purview. 25 Conn. Atty. Gen. Rep. 23.

The 1945 statute, having proven wholly ineffectual, was repealed by the 1947 General Assembly, and in its place a new statute (Sup. 1947, (A 639i— 647i) was adopted. It has continued unchanged and is now chapter 533 (§§ 29-144 — 29-152) of the General Statutes. Under this statute, professional bondsmen are placed under the jurisdiction and strict supervision of the state police department. They are limited to those persons who are resident electors of good moral character and sound financial responsibility and who have not been convicted of a felony. They must be licensed, they must make annual reports to the state police department, and they shall charge for commission or fee a maximum of $5 for bail up to $100, 5 percent of the amount of [86]*86bail from $100 to $5000, and 2.5 percent of the amount of bail in excess of $5000. The penalty for violation of the statute is a fine of not more than $1000 or imprisonment for not more than two years, or both, and the permanent forfeiture of the right to engage in the business of professional bondsman.

Insurance companies authorized to write surety bonds and authorized to do business in this state may furnish bail bonds in criminal proceedings. The business of insurance is regulated by an entirely different set of statutes, title 38. The rates which such companies may charge for surety bonds are governed by chapter 682, §§ 38-186 — 38-201. Rates are based on loss experience, catastrophe hazards, dividends, expenses, and the like; they are filed with the insurance commissioner and are subject to his approval. Uniformity among insurers is neither required nor prohibited. §§ 38-187, 38-188. The penalty for violation of chapter 682 is a fine of not more than $1000; there is no mandatory suspension of the insurer’s license to do business in Connecticut, but the insurance commissioner may suspend the license for failure to obey his order. § 38-200. Insurance agents are also closely regulated. C. 677. They must be persons of good moral character and financially responsible; they must be licensed; and they must take a personal written examination in order that the insurance commissioner may determine their trustworthiness and competency. § 38-72. Their licenses may be suspended or revoked for cause shown. § 88-74.

The defendant does not quarrel with the well-recognized principle that the state under the police power may regulate the business of insurance and also the business of professional bondsmen. Likewise, the defendant does not contest the right of the legislature to treat natural persons in a different [87]*87manner from corporations. He concedes that if the question of the financial responsibility of the bondsman or his good moral character were at issue, the state might properly discriminate between natural persons and corporations under the supervision of the insurance commissioner. The narrow issue which he raises on this appeal is the validity of the distinction between individual and corporate bondsmen as to the fees or rates permitted to be charged for their services.

When the constitutionality of a statute is called in question, it is the duty of the court to approach it with caution, to examine the statute with care, to make every presumption and intendment in its favor and to sustain it unless it is clearly invalid. Snyder v. Newtown, 147 Conn. 374, 390; Schwartz v. Kelly, 140 Conn. 176, 179. The equal protection clause of the United States constitution (amend. XIV § 1) and the corresponding provisions of the constitution of Connecticut (art. I 1, 12) have substantially the same meaning. The decisions of the federal courts in respect to the United States constitution are binding on state courts. Snyder v. Newtown, supra, 380, 381. Generally speaking, the question of classification is primarily for the legislature, which has a wide field of choice in that regard, and the courts will not interfere unless the classification is clearly unreasonable. State v. Shuster, 145 Conn. 554, 558. Corporations may not be separately classified merely because they are corporations, but different treatment of corporations may be justified in view of the objects of the legislation and the peculiar attributes of corporations as distinguished from natural persons. Nilsen v. Davidson Industries, Inc., 226 Ore. 164, 171; 16A C.J.S., Constitutional Law, § 495. Any classification must rest on distinctions bearing natural and substantial differences and having a fair and substan[88]*88tial relation to the purposes of the legislation. Atchison, T. & S.F. Ry. Co. v. Vosburg, 238 U.S. 56, 59; State v. Hurliman, 143 Conn. 502, 506; Schwartz v. Kelly, supra, 181.

In this connection, the pertinent facts as found by the court may be summarized as follows: Four surety companies have filed with the office of the insurance commissioner of Connecticut specific rates for criminal bail bonds, in accordance with chapter 682 of the General Statutes. It is the function of the rating division of the insurance department to determine that rates charged by insurance companies in this state conform to the provisions of the rating regulatory laws that such rates shall not be excessive, inadequate or unfairly discriminatory.

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Bluebook (online)
194 A.2d 725, 2 Conn. Cir. Ct. 83, 1963 Conn. Cir. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fishman-connappct-1963.