Summit Fidelity & Surety Co. v. Police Jury of Rapides Parish

TATE, Judge.

This case involves a question of first impression in Louisiana. Under Article 5, Section 10 of the Louisiana Constitution of 1921, LSA, the Governor of the State has the power, upon the recommendation of the Board of Pardons, to “remit fines and forfeitures”. At issue here is the extent, if any, of the Governor’s power under this provision to remit the forfeiture of criminal bail bonds.

This case comes before this court for the second time. In the first instance, we dismissed for procedural reasons the mandamus suit brought by the plaintiff, a licensed surety company, to recover…