On Wednesday, March 19, 2025, the Daily Montanan reported that a federal judge ruled against the judicial immunity claims made by two municipal court judges in Bozeman, Montana, in a lawsuit involving a bail bonding company. Judges Karolina Tierney and J. Colleen Herrington sought to dismiss the case brought by John J. Looney, Sr. and his business, Bad Boy Bail Bonds, arguing that judicial immunity should protect them from the lawsuit.
U.S. District Judge Donald W. Molloy issued a 40-page order rejecting the judges’ claims, stating that their actions were outside the scope of their judicial responsibilities and, therefore, did not qualify for immunity. This ruling stems from a legal conflict dating back five years, when Bad Boy Bail Bonds, then owned by a different entity, posted a bond for an individual who subsequently failed to appear in court.
In 2022, Looney acquired only the name of the bail company from a Helena-based bonding service, not the entire business. When the Bozeman Municipal Court attempted to collect the forfeited bond on January 30, 2024, Looney informed the court and its clerk that the bond had been issued by a previous owner and that he should not be held liable for it. The judges, however, disagreed and suspended Looney’s ability to write bonds in Gallatin County.
As Looney’s business began to decline, he paid the forfeited bond in hopes of resuming operations. Before doing so, he filed a complaint with the Montana Judicial Standards Commission regarding the judges’ actions. After paying the bond, Looney expected to return to business but was informed by the court that his privileges would not be reinstated until the complaint was withdrawn. In parallel, the Bozeman Municipal Court lodged a complaint against Looney’s business with the Montana Commissioner of Securities and Insurance, which oversees bail bonding companies. This complaint was later dismissed, and no further action was taken against Bad Boy Bail Bonds or Looney.
Looney subsequently filed lawsuits in both state and federal courts. Judge Molloy mandated that the court honor Bad Boy Bail Bonds, a mandate that, according to Looney’s attorney, Matthew Monforton, the Bozeman Municipal Court has since failed to comply with. Molloy noted that both federal and state laws generally protect judges from lawsuits if they are acting within their judicial capacity. However, since Looney had paid the bond, even amidst his disputes, the court found that the judges were not covered under judicial immunity for their refusal to acknowledge his bonds.
Monforton contended in court that Montana law only allows the Commissioner of Securities and Insurance to license and regulate bail bonding companies. Furthermore, Looney attempted to meet with the judges multiple times to resolve the ongoing issues but was reportedly rebuffed, allegedly until he withdrew his complaint from the Judicial Standards Commission.
In correspondence from the Municipal Court Clerk, it was indicated that the judges were unclear whether Looney’s payment of the bond resolved the ethics complaint against Judge Tierney. The clerk stated that due to the pending complaint and potential litigation, the judges could not meet with Looney to discuss any matters related to the complaint or litigation.
Looney expressed concern that the court’s insistence on linking the reinstatement of his bonding privileges to the status of his ethics complaint against Tierney created undue pressure. He maintained that the implication of penalties for not withdrawing the complaint was troubling.
Judge Molloy concluded that Bad Boy Bail Bonds was in compliance with Montana law and authorized to conduct business as a commercial surety. He emphasized that suspending the bonding privileges did not fall under normal judicial functions. The judge also pointed out that the actions taken by the judges to regulate a function that belonged to a different branch of government were inappropriate.
In his ruling, Molloy stated that while judges can set bonding amounts or requirements, they do not have the authority to impose a blanket ban on all bail bonds issued by a specific surety company. He affirmed that Montana law does not grant judges jurisdiction to suspend the bonding privileges of a licensed surety, leading to the conclusion that judicial immunity was not applicable in this case.
Additionally, Looney filed grievances against both judges with the Montana Judicial Standards Commission, which oversees judicial conduct. Although the commission has dismissed the complaints, the details of the dismissals remain confidential under state law.
Source: Daily Montanan
