Camacho v. Samaniego

OPINION

STEPHEN F. PRESLAR, Justice.

This is an appeal from a summary judgment granted to the Appellees upon cross motions by both sides. We vacate the judgment and dismiss the cause of action on finding the statute involved is unconstitutional. Mary Camacho, individually and d/b/a Afuera Out Bail Bonds, initiated this suit for damages and injunctive relief stemming from Sheriff Samaniego’s collection of a pre-conviction bail bond approval fee in all misdemeanor and felony cases at the time a surety bond is tendered for the arrestee’s release. The bond amount has been set by order of the El…