Dowell v. Pletcher
304 P.3d 735
Okla.2013Background
- Court Clerk not duty-bound to enforce Ten Bond Rule; enforcement falls to Insurance Commissioner under Bail Bondsmen Act.
- Ten Bond Rule (59 O.S. § 1820(B)) limits a bondsman to ten annual bonds in counties where not registered.
- Plaintiffs (a licensed bondsman and insurers) allege Pletcher violates the rule in Oklahoma County via a surety bondsman.
- Trial court dismissed, holding enforcement lies with the Insurance Commissioner; clerk may file tendered bonds but not enforce the rule.
- This appeal arises after the trial court denied relief and certified for immediate review; issue centers on proper enforcement authority under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who enforces the Ten Bond Rule? | Pletcher violated the rule; clerk should deny filing beyond ten bonds. | Enforcement is by Insurance Commissioner under Bail Bondsmen Act. | Enforcement lies with the Insurance Commissioner. |
Key Cases Cited
- Surety Bail Bondsmen v. Insurance Commissioner, 243 P.3d 1177 (Okla. 2010) (holding a bondsman cannot evade the Ten Bond Rule via power of attorney)
- Petuskey v. Cannon, 742 P.2d 1117 (Okla. 1987) (court clerk subject to court control but cannot control actions under statute authorizing clerk’s independent judgment)