Code of Ethics
Marion County Bail
Agents Association, Inc.
Article 1.
In justice to those who place their faith, confidence, interests in the Bail Agent the Bail Agent should endeavor constantly to be informed of current laws, proposed legislation, governmental orders or regulations, and other significant information and public policies which may affect the interests of the client.
Article 2.
The Bail Agent should make a constant practice of full and complete disclosure to all parties, be they principal or indemnitor, of any and all possible liabilities, penalties, or detriments, which may arise from their involvement in that particular undertaking which secures the release from custody of a person who is charged with a criminal offense.
Article 3.
The Bail Agent should not, prior to forfeiture or breach, arrest or surrender any principal and thereby terminate his release from governmental custody unless the Agent can materially show good cause for such action. Such good cause should reasonably take the form of judicial action, information concealed, or misrepresented or the renunciation of an indemnitor or the principal any of which may be considered material to the risk assumed by the Bail Agent.
Article 4.
The Bail Agent, upon receipt of notice of a forfeiture or breach where notice is required or upon personal knowledge of a forfeiture or breach, should promptly and formally notify any and all indemnitors and real parties of interest of the forfeiture or breach by the principal. The Bail Agent should concisely state the liability thereby incurred and pending at that time.
Article 5.
The Bail Agent should, upon being asked, supply all indemnitors to an undertaking with a true copy of any document representing a binding legal contract to which he or she is to be or is being committed.
Article 6.
When an examination of the material factors of a potential undertaking reasonably convinces a Bail Agent that he or she will be unable to undertake that particular bail relationship,
the Bail Agent should immediately inform all involved parties that he or she will not be able to secure the release of the defendant and return any funds collected so that the defendant or his or her affiliates may promptly seek his or her release by another means.
Article 7. Every Bail Agent should comply in full
with the laws and regulations governing the transaction of bail in the State of
Article 1.
The Bail Agent should keep him or herself informed as to movements affecting the criminal justice system in his or her community, the state of Indiana and the nation so that he or she may be able to constructively contribute to public thinking in matters of legislation, expenditures, public safety, and other questions dealing with the welfare of the general public. The Bail Agent shall continuously strive to find a more effective means of fighting crime.
Article 2.
It is the paramount duty of the Bail Agent to protect the general public against misrepresentations or unethical practices in the bail profession. He or she should endeavor to eliminate in their community any practices, which could be damaging to the public or to the dignity and integrity of the bail profession. The Bail Agent shall assist any regulatory agency or business practices review board charged with regulating the practices of the members of the bail profession.
Article 3.
The Bail Agent should not, except as provided by law, engage in activities that constitute the practice of law and should refrain from making comments and representations which may lead the public to believe that the Bail Agent is practicing law.
Article 1.
The Bail Agent, with due regard for the special position of responsibility and trust that this profession places an agent in, should assist and cooperate with the judiciary, law enforcement agencies, and public prosecutors in the orderly administration of justice, so long as such assistance or cooperation does not compromise the honesty and integrity of the Bail Agent or of the public officer.
Article 2.
Unless compelled to do so by law or by court order, except in the interest of public safety, the Bail Agent should not divulge or disclose to any person or agency personal information regarding the principal or indemnitor of any undertaking, which has not been forfeited or breached. The inherent right to privacy of the individual and the position of trust of the Bail Agent demand compliance with this concept.
Article 3.
The Bail Agent should make great efforts to verify and confirm the truth and veracity of any information which he or she may give to a court, law enforcement agency, or any other public agency. Failure to do so, or an intentional misrepresentation of a fact to any one of these entities, shall be construed as a breach of the fundamental relationship of trust between the Bail Agent and the government sector.
Article 1.
The Bail Agent shall not conspire with other Bail Agents, defendants or
indemnitors to discount rates or promote credit bonding practices within the
bonding profession in the State of
Article 2.
The Bail Agent should so conduct his or her business so as to avoid controversies and conflicts with his or her fellow Bail Agents and should not voluntarily disparage the business practice of a competitor or volunteer an opinion of a competitor’s transaction. If his or her opinion is sought, it should be rendered with strict professional integrity and courtesy.
Article 3.
The Bail Agent should seek no unfair advantage over his or her fellow Bail Agents, and should willingly share with them the lessons of his or her experience and study. The Bail Agent should also inform his or her fellow Bail Agents of established hazards involving a prospective client if such hazards exist.
Article 4.
If a Bail Agent is charged with unethical business practices by a government regulatory agency or by a grievance committee or his or her peers, the agent should place all pertinent facts and rebuttal before the accusatory body promptly and voluntarily for investigation and judgment.
Article 5.
The Bail Agent should constantly strive for the highest degree of attainable professionalism. This is expected and demanded from all Bail Agents and by all those persons involved in the bonding profession, regardless of their position.
Article 6.
The Bail Agent should make extensive effort to support, contribute to, and actively participate in local, statewide, and national Bail Agent associations whose goals are to preserve and enhance the integrity, quality, and honor of the bonding profession.
The Articles of the Code of Ethics are combined to guarantee high integrity and dignified professionalism from those who adhere to the principles of business and moral conduct outlined within. No inducement of profit and no threat or instructions from clients or outside parties can ever justify departure from these principles or from the injunction of this Code of Ethics.