On Monday, September 16, 2024, the Daily Montanan reported that a Helena-based bail bondsman has initiated legal action against Bozeman municipal court judges, alleging that they have halted his business operations as a form of retaliation for filing a complaint with the state’s Judicial Standards Commission. John J. Looney, Sr., the owner of Do Process, operating as Bad Boy Bail Bonds, claims that the judges’ refusal to accept his company’s bail bonds has severely impacted his business.
Looney, a former Army military police officer and a member of the national trade organization for bail bonding companies, asserts that his business conducts a significant portion of its operations—approximately half—in Gallatin County, including Bozeman. The legal dispute traces back over four years, when the name “Bad Boy Bail Bonds” was previously owned by another Montana company. Looney acquired the rights to the name but did not purchase the underlying bail bonding business.
The controversy escalated during a municipal court hearing when judges discovered an outstanding bond from the previous owner that had been forfeited in the amount of $1,585. Although Looney contends that he merely acquired the name and not the liabilities associated with the former business, judges Karolina Tierney and J. Colleen Herrington ruled that he could not issue new bail bonds until the matter was resolved to their satisfaction.
Looney engaged in several months of negotiations to clarify the situation but was unable to reach a resolution with the judges. Consequently, he filed a complaint with the Judicial Standards Commission, which oversees judicial conduct in Montana. According to court documents, Looney attempted to appeal the municipal court’s refusal to accept his bonds, but Judge Tierney ordered the removal of his appeal from the court records.
In a recent court filing, Looney reported that the judges’ refusal to accept his bonds has resulted in a loss of business ranging from $250,000 to $350,000 each month. To resume operations, he ultimately decided to pay the $1,585 forfeiture, despite maintaining that he was not responsible for it. However, even after making this payment, he was informed that he could not begin issuing bonds in Bozeman until he withdrew his complaint from the Judicial Standards Commission.
Looney stated in his filing that this requirement is not only detrimental to his business but also affects his reputation in the community. He emphasized that his inability to assist clients facing arrests in Bozeman’s municipal court forces him to refer them to competitors, further harming his operations.
The legal representation for Looney, attorney Matthew Monforton, is pursuing a lawsuit against the two municipal judges, which is a rare occurrence due to the protections judges generally have against lawsuits. The suit claims that the judges have violated Looney’s First Amendment rights and failed to uphold the Montana constitutional guarantees regarding qualified bonds.
Looney has maintained his license and good standing with the Montana Commissioner of Securities and Insurance throughout this dispute. The lawsuit asserts that the actions of the judges represent a severe misuse of their authority, threatening not only Looney’s livelihood as a licensed bail bondsman but also the integrity of the judicial system.
In the court documents, Looney compares the judges’ demand for the withdrawal of his complaint to extortion, stating that their requirement to relinquish a legitimate ethics complaint in exchange for the ability to conduct business is both outrageous and potentially criminal. He has vowed not to withdraw his complaint and indicated plans to file additional legal actions in the future.
Source: Daily Montanan
