Friday, February 24, 2017

Bail Insurance Companies Care Little About Bail

Lately I’ve been spending a lot of effort on some big-time bail cases – one recent one even involved filing a brief in the United States Supreme Court. But can you guess who’s not involved in any of these cases? That’s right, the bail insurance companies.

 Even though these cases deal with pretrial release (bail) and detention (no bail) – how to do it, what makes it constitutional, etc., – the bail insurance companies either don’t know about them or they don’t care because technically the cases don’t involve directly taking away their money.

 That’s a mistake, though, because a bunch of us know that what the Supreme Court says about detention for, say, immigration cases, will likely foreshadow a future ruling on money bail. 

The insurance companies are winging it. While they’re spending all their time and effort on motions hearings, some really big stuff is happening that will affect their industry more than they think.

If you’re in the bail industry, but you don’t care enough about bail apparently even to know about these other cases, what in the world are you doing?