Bonding agency reinstated

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Friday, April 6. 2012

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A bonding agency that was banned from serving the Madison County Jail has been reinstated.

A court order issued this week from U.S. District Judge Clay D. Land puts Double “O” Bonding back in business at the Madison County Jail.

“… It is ordered that plaintiffs be reinstated as professional bondsmen effective immediately without the need for re-application for the Madison County Jail, and the sheriff of Madison County, Kip Thomas, is hereby enjoined from removing plaintiffs from the list of approved bondsmen, recommending any bonding company, or interfering with plaintiffs’ business until further order of the court during the pendency of this action…” stated the judge’s order.

Sheriff Thomas wrote a letter to Double “O” Bonding Company earlier this year, notifying owner James H. Owens that he could no longer serve the jail because of his support for one of Thomas’s opponents in the upcoming 2012 sheriff’s race.

Owens, who is represented by Athens attorney Jim Smith, then filed suit against Thomas, claiming that the sheriff violated his Constitutional rights. Though he has been reinstated, Owens is proceeding with the suit. He is seeking compensation for lost revenue, attorney’s fees and possible punitive damages. The bail bondsman estimates his lost revenue at $5,000 a week. He was banned from serving the jail Jan. 26, roughly two months ago.

Thomas sent a letter to Owens this week, informing him that he had been reinstated at the jail.

“He got that letter because that’s what the lawyer told me to do,” said Thomas.

Madison County government attorney Mike Pruett said the county’s insurer covers the cost of the suit, with the county responsible for meeting a $10,000 deductible.

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#1 John in Colbert on 04/06/12 at 04:14 AM [Reply]

I voted for Kip, but he has truly embarrassed himself with his utter lack of professionalism with this petty display of childish behavior.

I cannot vote for him again.

#2 Taxed on 04/06/12 at 08:42 AM [Reply]

Too bad the sheriff didn't get advice from a lawyer before sending his FIRST letter! I'm sure no lawyer in his right mind would have told him to send that one, terminating a business for supporting his opponent in the upcoming elections.

On the other hand, the lawyer for the county's insurer probably had little choice but to tell him to send the second letter (reinstating the bonding company) and hope that would make it all go away. Guess that didn't work, though.

#3 toldyousooooooo on 04/06/12 at 10:21 AM [Reply]

yo Kip supporters....not thrown out of court yet. You still think it's not a valid case? We'll just have to wait and see what this cost the taxpayers.

#4 Anonymous on 04/06/12 at 11:32 AM [Reply]

“He got that letter because that’s what the lawyer told me to do,” said Thomas.

Awww Kip, man up and take responsibility for what you did. You sound like a child trying to blame someone else when you get busted. You want to be the high sheriff, yet you do something that a new-hire rookie would know better than to do.
The Judge is gonna have you for lunch boy. Free Speech is a Constitutional issue and you should know that.

#4.1 anon on 04/06/12 at 01:03 PM [Reply]

This is the same way some deputies was done too ! Voiced their support of his opponent and they were fired ! CHILDISH !!!!

#4.1.1 ANNO on 04/06/12 at 04:24 PM [Reply]

I Heard He Was Going To Replace David Camp And Ricky Hix At The E911 Center But Clayton Stepped Up And Saved Their Jobs At The Last Minute. That Would Have Been Verry Bad To Lose Those Two.

#4.2 Anonymous on 04/07/12 at 05:07 PM [Reply]

And we elected him to enforce the law? does this mean he is above the law and feels as if he doesn't think he has to adhere to the same standard as all government officials have to? The judge might have him for lunch, but I'm sure that attorney Jim Smith is going to lap up the gravy of taxpayer with his biscuit. Maybe Soon to be X-Sheriff Thomas will pay the 10k out of his campaign funds, who wants to donate?

#5 Anonymous on 04/06/12 at 05:15 PM [Reply]

Zellner for
Sheriff

#5.1 Ben Had on 04/09/12 at 05:19 AM [Reply]

You're a funny guy!

#6 Anonymous on 04/07/12 at 12:57 PM [Reply]

Did I just hear all the hands that was showing support for Kipper, lower their hand?

#6.1 Anonymous on 04/09/12 at 07:18 PM [Reply]

NO YOU DIDNT, mine is still up and higher now than before!!!! This came at the perfect time, everyone knows how politics works and Kip needs to start getting out there. I know he is not the kind of man who wants to have a dirty campaign, but his opponent will stop at NOTHING to ruin the man. All the lies he told four years ago, and has been just waiting to do it again. This county is full of hate and hatefull a^^ people. I'm tired of it. I support Kip Thomas and if by some chance he looses, well I WILL NEVER VOTE FOR CLAYTON LOWE!!!!! EVER EVER EVER!!!!!!

#6.1.1 Taxed on 04/10/12 at 11:52 AM [Reply]

Actually, I haven't seen where his opponent had anything to do with this fiasco. When you make a decision and write a letter like the sheriff did, the opponent probably just sits back and laughs.

#6.1.2 Anonymous on 04/10/12 at 01:06 PM [Reply]

How can you blame Clayton with this? To the best of my knowledge Kip wrote the letter and not Clayton or anybody else.

#6.1.3 Ms.K on 04/10/12 at 07:18 PM [Reply]

Could you please offer us some examples of those lies Mr. Lowe has proffered in order to ruin Mr. Thomas? Your simply saying such convinces no one of Mr. Lowe's supposed behavior. I'd like to know of these lies so I can check them out in order to know who to vote for. Could you help me out on this?

How is it that there are so many hateful, hateful folks in Madison County? That has not been my experience at all. You seem pretty hateful yourself with all your yelling (capital letters are shouting, you know). Perhaps you are referring to the commenters here on this board; they are hardly representative of the population of Madison County so don't get your perspective all twisted up.

#7 John Fulford on 04/07/12 at 01:13 PM [Reply]

You people might want to look at the legal code in Georgia before you make unwarranted assaults against our Sheriff.
Ga Code 17-6-50 paragraph 4 as amended . Bondsmen have to be approved by the Sheriff and remain in good standing with respect to all applicable federal,state and local laws and all rules and regulations established by the Sheriff in the county where the bonding business was conducted . So if Owens had not violated the Sheriffs regulations he would not have been put out in the first place . Now I agree, the Sheriff upon learning after the fact that Owens was going to support his opponent in this years election and becoming angered coupled with possible some bad advice by legal council ,might not have used his best judgement in telling Owens he was out for that reason . However the fact still remains that this wasn't the reason Owens was fired it was because he didn't follow the regulations set forth by the Sheriff that all bonding companies have to follow and this wasnt the first time. He had been warned several times before . I refer back to GA Code 17-6-50 paragraph 4 . This is always up to the Sheriff in all 159 counties within GA. So if Owens gave a crap about this county why is he still looking to sue Madison County or us the tax payers ? As someone said before in the previous article about the law suit that bondsmen have deep pockets . Whether that is true or not I cant say . If it is then whats a few thousand dollars out of pocket for being out of business in the rich metropolis of D,Ville . He was allowed back in and still wants to sue . I am thinking more lies than truth are being told here by Owens because things just don't add up here. I know without a doubt this is not a valid case . I also know that this is Pedro Ownes motus operandi. It is all about political assassination rather that truth and justice and perhaps a way for him to skin us all a little for money. Those of you who don't know ask Clayton Lowe if he was ever threatened with a law suit by Owens ,when Owens wasn't getting his way . Then get back to me with what you think is really going on here . I close with one last remark . Anyone among us who has never made a mistake please step forward . It shouldn't cost all of us monetarily or someone who has been a good Sheriff for Madison county his job . I will still vote for Mr Thomas . Common sense will tell any rational person if you just look at the facts and remove illogical emotion ,Mr Thomas is still the best candidate for Sheriff.

#7.1 Anonymous on 04/08/12 at 02:44 PM [Reply]

Everything you just said is exactly why Kip Thomas is on the way out. He's a Barney Fife at a time when we need a little more Andy Griffith common sense!

#7.2 Anonymous on 04/08/12 at 05:19 PM [Reply]

Regardless of how you try to spin it, the sheriff's one-paragraph letter specified only the charge that Owens was being terminated for supporting the sheriff's opponent. No mention was made that "Owens didn't follow the regulations and it wasn't the first time."

I SERIOUSLY doubt that you could produce any lawyer who would admit to advising him to send that FIRST letter. However, if you do come up with the name of a lawyer that gave him that advice, please publish the name. I would want to know who it was, so if I ever needed legal advice he would be at the top of my list of "lawyers to avoid."

After the suit was filed and the county's insurer had to become involved, their lawyer DID tell the sheriff to send the SECOND letter (reinstating the bonding company), which was following the judge's requirements. If the suit is decided in favor of the bonding company, the county's insurer will have to pay for the ego trip the sheriff was on when he sent the first letter. Oh, except the Madison County taxpayers will have to pay the first $10,000.

#7.3 Enough already on 04/09/12 at 06:21 AM [Reply]

Pretty sure "supporting an Opponent" is not a rule, and I know its not against the law ..

Its a constitutional right of Freedom of Speech..

So yes its up to the Sheriff to an extent .. When there is an actual Sheriff in office .. Right know we have a clown and circus act in office ......

#7.4 oldpolice on 04/09/12 at 07:43 AM [Reply]

Come on John...really? Of course the sheriff has discretion over bondsmen, however the sheriff CANNOT throw out a bonding company because of political reasons. And then to clearly put it in writing. What a foolish and costly mistake! If this is just one public example of the bitter vengeful actions of this man he is clearly not the level headed professional we need in the top law enforcement job in this county. As tax payers can we afford to continue cleaning up after his little temper tantrums? Even when they are so crassly dismissed as only costing $10,000 a pop? I don't know about you, but $10,000 is a lot of tax money to me!!

#8 oldpolice on 04/07/12 at 05:37 PM [Reply]

After the original article, so many people jumped on this board to be critical of the bonding company. Now a federal judge has issued a ruling AGAINST the sheriff and upholding the bonding company. It seems to me that this young sheriff and his childish ways are nothing but a costly mistake that the people of Madison County can ill afford to make again. Perhaps the sheriff needs to learn that he can't man handle everyone he comes in contact with. Not everyone will bow down to him. Many of us will stand up and fight...with our voice, our votes, and our pocketbooks.

#9 Anonymous on 04/07/12 at 07:29 PM [Reply]

Read the article...its not over. I'm sure Mr Owens has broke some jail rules. Go kip!

#10 Vote for Brenan! on 04/08/12 at 09:19 PM [Reply]

I know many people are disatisfied with Kip and definitely don't want to go back to Lowe!
So vote Brenan Baird for Sheriff!
Many people were wondering about Brenan on the last article so here is his website you can go to:
www.brenanbaird4mc.com

*Comment not submitted by Brenan but a loyal supporter!

#11 businessmanalso on 04/09/12 at 07:13 AM [Reply]

Where do you find that the CHIPPER asked any legal council their advise before writting that first letter. Don't think he did because he answers to nobody. (unless you count the VOTERS as somebody)

#12 John Fulford on 04/10/12 at 10:41 AM [Reply]

I can conclude one thing that is certain here.
As I was attempting to point out in what I wrote .
That is, and I suppose always will be just as the Trayvon Martin case , people will just jump to all
kinds of unsubstantiated conclusions without even having the facts. Thanks to you all for proving my point. The truth will come out and prevail and those among us with enough sense to know that, will see truth and justice prevail because the truth has no motive other than it just has the chance to appear and be heard .
You are all entitled to you own opinions for whatever motives you have and that's your right. As for me I have to maintain my same train of thought that this is all about politics and nothing more. I also hold to the truth about the Bonding company filing suit for no other reason than he wasn't getting the favorable treatment in which he had become accustom to. No one seems to want to discuss those matters, such as why Franklin county wont allow but the one bonding company in that county . Shouldn't others be suing them for the same reason Pedro Owens wants to sue this county. For not being allowed to do business their and losing money because of it?
Free Trade, Open Markets and Capitalism etc.etc. See you cant ride 2 horses with
only one rear end.
How much more is there we aren't being told ?
It will all be decided in the upcoming election and then everybody will be mad for one reason or another at whomever gets the office and in a few years we can all go through it again. From what I keep reading here most of you seem to have a personal ax to grind with the Sheriff rather than looking at his actual record or facts. So it is the the lets throw out the baby with the bath water mentality. All you who think just because there is a temporary injunction to allow Owens back in until the case can be heard need to remember one thing. That does not mean the case is settled or that he was in the right and has won. So as far as I am concerned his record will stand alone for what he has done for Madison county. As the old saying goes you can make some people happy all the time but you cant make all the people happy all the time. Keep moving forward because going backwards leads us nowhere . So if the blind wish to continue following the blind , you have no one to be angry at but yourself when you end up in the ditch.

#12.1 VE on 04/11/12 at 08:31 AM [Reply]

I've read all the comments. Trying to listen to all sides but what I would really like to know is why you keep going on about what else the bonding agency may have done? The issue at hand is whether the Sheriff had the right to stop him from bonding based on his political offiliation? That is the only reason he gave in the letter and he made it very clear it was the only issue he had with him. So please tell me why it matters what Franklin Co does or where you get that he violated regulations?

#12.2 oldpolice on 04/11/12 at 09:29 AM [Reply]

John, John, John...don't get your panties in a twist. Just because most people disagree with you and REFUSE to be bullied is no reason to think we are all rushing off a cliff. We have a little sense and we can make our own choices. I for one choose to support someone who has the good sense to not get the county in a lawsuit because he foolishly put a company out of business for political reasons and then was stupid enough to put it in writing. I prefer my elected officials have a minimum of common sense.

#12.3 Taxed on 04/11/12 at 09:46 AM [Reply]

I laugh.

"How much more is there we aren't being told ?" You may not want to know.

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Bonding agency reinstated

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