Gende v. Flemming

The majority opinion summarizes the state of the law on this subject, reciting not only what is the law, but also what has been the law for a very long time. Nevertheless, I believe the majority decision is incorrect in the light of our recent opinion in People v. Cox (3d Dist. 1977), 48 Ill. App. 3d 499, 363 N.E.2d 389.

In Cox we decided that the State can, in effect, garnishee any bail bond moneys put up by a defendant, less costs, to pay a debt owing the State. The debt in that case resulted when the defendant failed to appear in court after posting a bail bond. Subsequently, after having…