In re Forfeiture of Bail Bond (Michigan v. Gaston)

The issue this case presented to the Supreme Court was whether a trial court's failure to provide the appellant-surety notice within seven days of defendant's failure to appear barred forfeiture of the bail bond posted by the surety. Relying on "In re Forfeiture of Bail Bond (Michigan v Moore)" (740 NW2d 734 (2007)), the Court of Appeals held that a court’s failure to comply with the seven-day notice provision of MCL 765.28(1) did not bar forfeiture of a bail bond posted by a surety. Because the Supreme Court concluded that Moore was wrongly decided, it held that a court’s failure to comply with the seven-day notice provision of MCL 765.28(1) did bar forfeiture of a bail bond posted by a surety: "[w]hen a statute provides that a public officer 'shall' undertake some action within a specified period of time, and that period of time is provided to safeguard another’s rights or the public interest, as with the statute at issue here, it is mandatory that such action be undertaken within the specified period of time, and noncompliant public officers are prohibited from proceeding as if they had complied with the statute." View "In re Forfeiture of Bail Bond (Michigan v. Gaston)" on Justia Law