Prosecutor's Office can Represent the State in Bail Forfeiture Proceedings

By Benjamin Lowenthal -
State v. Miles (ICA June 23, 2015)
Background. Robert Miles was charged with felony offenses. His bail bond company, Exodus Bail Bonds, posted bail on his behalf in the amount of $5,000. Miles pleaded guilty, but did not show up for his sentencing hearing. The circuit court issued a bail forfeiture judgment on October 8, 2012. On November 21, 2012, the prosecuting attorney’s office sent a letter to Exodus notifying it that the bail forfeiture judgment had been filed. Exodus filed a motion to set aside the forfeiture on the grounds that Miles had surrendered. The circuit court wanted more proof of the actual surrendering and denied the motion without prejudice. No additional proof was presented to the court and the motion to set aside remained denied. Exodus appealed.

The Prosecutor has Standing to Represent the State at a Bail Forfeiture Hearing. A surety may obtain relief from a bail forfeiture judgment “upon good cause shown why execution should not issue[.]” HRS § 804-51. Absent a good cause, the bond must be forfeited. State v. Vaimili, 131 Hawaii 9, 17, 313 P.3d 698, 706 (2013). Here, Exodus does not challenge the lack-of-good-cause finding by the circuit court. Instead, it argued that the prosecutor had no place at the hearing on its motion to set aside forfeiture.

The Prosecutor’s Source of Power. The office of the prosecuting attorney is indeed a county office, but each county has “the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State[.]” HRS § 46-1.5(17). The City and County of Honolulu exercised that power and established the office of the prosecuting attorney. The prosecutor’s office has the power to “[a]ttend all courts in the city and conduct, on behalf of the people, all prosecutions therein for offenses against the laws of the state and ordinances and rules and regulations of the city[.]” Rev. Charter of the City and County of Honolulu § 8-104.


Bail-Bond Forfeiture Proceedings are part of the Criminal Case. The ICA rejected Exodus’ argument that the bail bond proceedings were civil in nature and that the prosecutor’s office could not represent the State. The ICA noted that HRS § 804-5 establishes forfeiture proceedings in a “criminal cause.” Moreover, the legislative history of the provision strongly suggested to the ICA that the prosecutor’s office has a place in bail bond forfeiture proceedings. And so the ICA affirmed the order denying Exodus’ motion to set aside the bail forfeiture judgment.

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