On Tuesday, October 29, 2024, the Daily Montanan reported that a federal judge mandated the Bozeman Municipal Court to accept bail bonds from Helena-based Bad Boy Bail Bonds, following a lengthy dispute where two local judges refused to honor these bonds. The order was issued by District Court Judge Donald W. Molloy, who granted a preliminary injunction compelling judges Carolina Tierney and Colleen Herrington to either accept the bonds or address any objections within 48 hours.

The conflict originated over four years ago when a previous entity with the same name issued a $1,585 bond that was forfeited. Although John J. Looney, Sr., the owner of Bad Boy Bail Bonds, acquired rights to the business name, he did not assume responsibility for the prior bonding activities. Despite this, the Bozeman Municipal Court demanded payment from Looney. He contested this requirement, arguing that his company should not be held accountable for bonds issued by a different business.

In response to the court’s actions, Looney filed a complaint with the Judicial Standards Commission, which oversees judicial conduct in Montana. He alleged that the judges were adversely affecting his business. To mitigate the situation, Looney paid the bond but later reported that the judges would not remove sanctions against him unless he withdrew his complaint, which he refused to do. This led to numerous legal filings in both state and federal courts.

The injunction signed by Judge Molloy comes just ahead of a preliminary hearing, where it was anticipated that Tierney and Herrington might have to testify about their judicial conduct—an unusual occurrence for municipal court judges. The order stipulates that Looney and Bad Boy Bail Bonds are permitted to file bonds in both Bozeman and Gallatin County. While Looney must adhere to state laws, any issues with the bonds he issues must be raised within two business days, and such matters will be resolved by attorneys representing both parties.

As of the following Tuesday, Looney’s attorney, Matthew Monforton, indicated uncertainty regarding whether any bonds had been issued in Gallatin County since the ruling. Monforton reported that he had communicated the federal court’s order to both the Gallatin County Attorney and the Gallatin County Detention Facility. Additionally, he reached out to Yellowstone County to address concerns about potential rejections of Looney’s bonds stemming from issues in Gallatin County.

The case highlights significant questions regarding the authority over bail bonds in Montana. The state constitution generally guarantees defendants the right to bail, and bail bonding businesses are regulated by the Montana Auditor and Commissioner of Securities and Insurance. Although the judges had previously lodged a complaint against Looney with the Auditor’s office, that complaint was dismissed, and Bad Boy Bail Bonds has since remained active and in good standing. This situation raises the question of whether judges have the right to dismiss bonds from a licensed and compliant bonding company.

While the federal lawsuit initiated by Looney alleges interference with his constitutional rights—including freedom of speech related to his complaint with the Judicial Standards Commission—the injunction requiring the municipal court to accept bonds will continue until the case is resolved or a new order is issued by Judge Molloy.

Monforton characterized the ruling as positive news, suggesting that it reflects an acknowledgment by the municipal court judges of their prior misjudgment.

 

 

Source: Daily Montanan