People v. Ranger Insurance

Factual and Procedural Background

Appellant Ranger Insurance Company (Ranger) appeals from an order deny ing a motion to vacate summary judgment in a bail forfeiture proceeding.

On September 17, 1990, Ranger, the surety for Rod Buntjer Bail Bonds (Buntjer), posted a bail bond in the amount of $20,000 for the release of Patricia Downs in the underlying criminal proceedings. When Downs failed to appear at her sentencing hearing on January 14, 1991, the trial court ordered bail forfeited. On May 13, 1991, Ranger filed a motion to vacate the forfeiture and exonerate the bail as Downs had been returned to custody and had been in Lake County jail since March 14, 1991.

On July 1, 1991, the trial court ordered the previous order forfeiting bail to be vacated and bail exonerated upon payment of $1,745.25. The sum was said to represent the “reasonable costs” of housing Downs for the 25-day period during which she was held in Lake County jail after her return to custody on March 14, 1991, and before her sentencing on April 8, 1991. The trial court reasoned: “It is likely [Downs] would have been sentenced to prison on 1/14/91 had she appeared on that date. By reason of her failure…