Is it Constitutional for a Court to Order Bail Requiring a 10 Percent Cash Payment and To Deny a Surety Bond as Payment?

State ex rel. Anthony Sylvester, AAA Sly Bail Bonds v. Tim Neal, Wayne County Clerk of Courts, Case no. 2012-1742; and State ex rel. Woodrow L. Fox, Woody Fox Bail Bonds v. Gary Walters, Licking County Clerk of Courts, et al., Case no. 2013-0364

Original Actions in Mandamus

Editor's Note: In May 2013, the Supreme Court of Ohio granted a request to consolidate these two cases. The bail bonds companies will share the allotted 15 minutes of oral argument, and the county clerks will share 15 minutes of oral argument. A few weeks ago, the Supreme Court granted the state permission to participate in oral arguments with the county clerks of court. Attorneys for the state and for the clerks will share the allotted 15 minutes.

ISSUES:

When a court orders bail requiring that 10 percent of the amount be paid in cash, is it unconstitutional, based on the Ohio Constitution's guarantee that "all persons shall be bailable by sufficient sureties," for the court to prohibit a defendant from posting a surety bond for the full amount?

When a 10 percent bail is ordered, is it unconstitutional and in violation of Supreme Court precedent for a court to require a cash-only payment?