Bail: Forfeiture - Discretion

Barbara Melone v. State, 2001 WI App 13, 240 Wis. 2d 451, 623 N.W.2d 179For Melone: Theodore B. Kmiec III

Issue: Whether the trial court properly exercised discretion in declining to set aside an order forfeiting bail, where the court indicated that it "always refuses to return bail money no matter what the circumstance," ¶1.

Holding: "he statute on bail forfeitures, WIS. STAT. § 969.13(2) (1997-98), requires the court to exercise discretion and consider factors for and against enforcing the forfeiture on a case-by-case basis. Applying a blanket policy to all cases is an erroneous exercise of discretion because it is tantamount to a refusal to exercise discretion. We remand this case to the trial court to weigh the factors for and against returning some or all of the $20,000 to Barbara Melone, which she posted for bail on her son's behalf," ¶1. (See also ¶¶8-12 for general discussion of relevant factors, which court cautions "cannot be neatly parlayed into an all-inclusive, exhaustive list.")