OKLAHOMA BONDSMAN ASSOCIATION
CODE OF ETHICS
SECTION 1: RELATIONS WITH THE CLIENT
Article 1. Every Bail Agent should comply in full with the laws
and regulations governing the transaction of bail in the State of
Oklahoma. Such compliance must necessarily include those matters
dealing with the trust and fiduciary relationship as it relates
to monies and properties that may secure an undertaking. The highest
moral and ethical practice should be maintained when entering into
a trust or fiduciary relationship.
Article 2. In justice to those who place their faith, confidence
and interest in us, Bail Agents should endeavor constantly to be
informed of current laws, proposed legislation, Governmental orders
or regulations, and other significant information and public policies
that may affect the interests of the client.
Article 3. Bail Agents should make a constant practice of full
and complete disclosure to all parties, be they principle or indemnitor,
of any and all possible liabilities, penalties, or detriments that
may arise from their involvement in that particular undertaking
which secures the release from custody of a person who is charged
with a criminal offense.
Article 4. Bail Agents should not, prior to forfeiture or breach,
arrest or surrender any principal unless the Agent can materially
show good cause for such action. Such good cause should reasonably
take the form of actions outlined in Title 59 of the Oklahoma Statutes.
Article 5. Bail Agents should supply all indemnitors to an undertaking
with a true copy of any document representing a binding legal contract
to which he or she is being committed.
Article 6. When an examination of the material factors of a potential
undertaking reasonably convinces a Bail Agent that he or she will
be unable to undertake that particular bail relationship, the Bail
Agent should immediately inform all involved parties that he or
she will not be able to secure the release of the defendant so that
the defendant or his or her affiliates may promptly seek his or
her release by other means.
SECTION 2: RELATIONS WITH THE GENERAL PUBLIC
Article 7. Bail Agents should keep themselves informed as to the
movements affecting the criminal justice system in their communities
and state so that they may be able to constructively contribute
to the general public in matters of legislation, public safety and
other questions dealing with effective means of fighting crime.
Article 8. It is the duty of Bail Agents to protect the general
public against misrepresentations or unethical business practices
in the Bail industry. They should maintain only the highest ethical
practices to uplift the dignity and integrity of the Bail industry.
Article 9. Bail Agents should not engage in activities that constitute
the practice of law and should refrain from making comments and
representations which may lead the public to believe that the Bail
Agent is practicing law.
SECTION 3: RELATIONS WITH THE GOVERNMENT SECTOR
Article 10. Bail Agents, with due regard for the special position
of responsibility and trust that this profession places them in,
should assist and cooperate with the judiciary, law enforcement
agencies and public prosecutors in the orderly administration of
justice. Bail Agents should make great efforts to verify and confirm
any information that they may give to a court, law enforcement agency,
or any other public agency. Failure to do so, or an intentional
misrepresentation of a fact to any one of the entities, must be
construed as a breach of the fundamental relationship of trust between
the Bail Agent and the Government sector.
Article 11. Unless compelled to do so by law or by court order,
Bail Agents should not divulge or disclose to any person or agency
personal information regarding the principal or indemnitor of any
undertaking that has not been forfeited or breached. The inherent
right to privacy of the individual and the position of trust of
the Bail Agent demand compliance with this concept.
SECTION 4: RELATIONS WITH FELLOW BAIL AGENTS
Article 12. Bail Agents shall conduct their business with fellow
Bail Agents in an ethical manner, exhibiting a high degree of professionalism
in all their actions. Specifically, Bail Agents shall:
(a) NOT attempt to regulate rates, restrict trade, or seek unfair
advantage over fellow Bail Agents.
(b) NOT voluntarily disparage the business practices, actions,
or transactions of fellow Bail Agents. In the event a Bail Agent
is asked to render an opinion, he or she must do so in a professional
and courteous manner.
(c) NOT withhold information regarding prospective clients if the
information could cause harm or damage the business of a fellow
Article 13. If a Bail Agent is charged with unethical business
practices by a regulatory agency, the agent shall cooperate fully
with the investigation, voluntarily providing all information necessary
for investigation and judgment. The Bail Agent shall be provided
adequate time to submit the requested information and is expected
to comply within the allotted timeframe.
Bail Agents will strictly adhere to a code of ethics. No inducement,
profit or instruction from clients, or any outside parties can ever
justify departure from the principles established in a code of ethics.
Bail Agents must maintain a moral reputation within the community
they serve and amongst the law enforcement and judicial systems.
Accepting the preceding as a true and correct statement of circumstance,
every Oklahoma Bail Agent pledges to conduct his or her business
in accordance with this Code of Ethics.