On Tuesday, October 1, 2024, the Daily Montanan reported that a Montana bail bonding company, Bad Boy Bail Bonds, has initiated legal action in federal court against two municipal court judges in Bozeman following a prolonged period of state inaction on a request for an injunction. The owner, John Looney, Sr., claims that the judges have effectively barred him from conducting business in at least two counties, infringing upon his rights.

The lawsuit, filed in federal district court, contends that Judge Karolina Tierney and another unnamed judge have utilized the legal system to compel Looney to surrender his First Amendment rights or face the closure of his business. The legal action includes a request for a temporary restraining order that would mandate Montana courts and jails to accept bonds from Looney’s company.

The situation dates back over four years when a different company operating under the same name issued a bond in Bozeman for $1,585, but the individual involved failed to appear in court. After acquiring the business name—without assuming the prior bonding company’s obligations—Looney was informed by Judge Tierney that he needed to pay the outstanding bond before he could resume operations in Gallatin County.

Looney has maintained that he is not liable for the bond, as it was not issued by him or his company. Despite this, he ultimately paid the bond amount, citing significant financial losses of up to $350,000 per month due to his inability to operate. Following this payment, Looney attempted to issue bonds but was repeatedly told that the judges would not address the matter unless he withdrew the complaint he had filed with the Montana Judicial Standards Commission, which oversees judicial conduct.

Looney’s complaints allege that the judges threatened his business unless he rescinded his ethics complaint, which he argues violates his free speech rights and his right to seek redress from the government. His frustrations were articulated in an email sent to the judges, where he clarified that the payment of the bond was solely to comply with the court’s demands and should not be construed as an admission of responsibility.

In the wake of his unsuccessful attempts to resolve the issue in state court, Looney’s attorney, Matthew Monforton, filed a motion to have the case reassigned, a process known as “judge bumping.” This action is permitted under state law within the first 30 days of filing. However, Looney’s motion has reportedly remained unaddressed for nearly two weeks by Park County Judge Brenda Gilbert.

The National Association of Bail Agents has publicly criticized the judges’ actions, labeling them as an “unacceptable abuse of judicial power.” Michelle Esquenazi, president of the association, emphasized that the judges’ refusal to accept Looney’s bonds unless he withdraws his complaint represents a coercive infringement on his First Amendment rights.

Esquenazi remarked that such actions undermine the integrity of the judicial system and create a chilling effect on those who may wish to voice concerns about judicial misconduct. She highlighted the essential role of the Canons of Judicial Ethics, which demand fairness and impartiality from judges.

Looney recently testified before the Montana Legislature’s Special Select Committee on Judicial Reform and Oversight, expressing his concerns regarding the situation. The committee, composed entirely of Republican members, appeared to be receptive and discussed the possibility of drafting legislation aimed at reforming the Judicial Standards Commission.

Following the state court’s inaction, Monforton opted to pursue federal legal avenues to restore Looney’s business operations. The federal lawsuit is similar to the state complaint but also seeks punitive damages for the alleged violation of Looney’s First Amendment rights.

The lawsuit states, “Freedom of speech includes ‘the right of the people to petition the government for redress of grievances.’” It argues that Looney was exercising his constitutional right when he filed his complaint against Judge Tierney in July 2024 and that the judges’ actions are effectively destroying his business due to his exercise of this right.

Additionally, the lawsuit asserts that Yellowstone County, Montana’s largest county, has also refused to accept bonds from Looney’s company. The extent of individual judges’ authority to reject a bond remains unclear, although the Montana Constitution guarantees the right to bail for most offenses, and bail bonding professionals are regulated by the state’s Commissioner of Insurance and Auditor.

Monforton reiterated the ultimate goal of the legal actions, stating, “We just want Mr. Looney to get his day in court.”

 

 

Source: Daily Montanan