Wash. Supreme Court published opinion — 893900.pdf

Citation: Wash. Supreme Court published opinion — 893900.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/893900.pdf ↗

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"Hypothecate" means "[t]opledge." BLACK'S DICTIONARY OF LAW 585 (1891).
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The State complains that Bralley is not on point because it is not a criminal case.
But whether criminal or civil, its citation to the C.J.S. section on bail is well taken.
Bralley's discussion of the difference among cash bail, bail bonds, and sureties plainly
concerns the criminal context.

-8-
 Statev. Barton
 (Peter
   
Richard), 89390-0     

identical phrasing in their state constitutions have reached the same conclusion. See,

e.g., State v. Parker, 546 So. 2d 186, 186 (La. 1989); State v. Golden, 546 So. 2d

501, 503 (La. Ct. App 1989); State v. Brooks, 604 N.W.2d 345, 352-53 (Minn. 2000);

State ex rel. Jones v. Hendon, 66 Ohio St. 3d 115, 609 N.E.2d 541, 544 (1993).

The historical context behind article I, section 20's adoption also provides

support for the conclusion that "sufficient sureties" contemplates a surety

arrangement as a method distinct from requiring cash or property to secure bail. 6 As

the Minnesota State Supreme Court explained in its decision in Brooks, the practice

of bail surety arose in England at a time when magistrates traveled from town to

town, potentially detaining the accused for long periods of time awaiting trial. 604

N.W.2d at 349. "The bail system and its reliance on personal surety emerged to

prevent excessive pretrial detention." !d. "Personal surety" meant that a person of

good repute agreed to be responsible for ensuring the accused's appearance in court,

or would pay a monetary penalty otherwise. !d. At that time, crimes were generally

punished with a monetary fine. !d. But when corporal punishment began to replace