John Looney, Sr., owner of Bad Boy Bail Bonds, speak to the
A Montana bail bonding company which has been shut out from doing business in at least two counties has taken its fight to federal court after state district courts sat for more than a week on a request asking for an injunction that would allow Bad Boy Bail Bonds to operate.
The lawsuit, filed in federal district court, says that two Bozeman municipal court judges have used the legal process to force Bad Boy Bail Bonds owner John Looney, Sr., to either forfeit his First Amendment rights or risk losing his business. The lawsuit also includes a request for a temporary restraining order that would order Montana courts and jails to accept Looney’s bonds.
The dispute stretches back more than four years ago when another company using the same name issued a bond in Bozeman municipal court for $1,585 but the person skipped out. Looney later bought the business name but not the bonding company. Still, Bozeman Municipal Court Judge Karolina Tierney said that Looney must pay the outstanding bail bond before continuing to do business with Gallatin County.
Looney argued repeatedly in writing that the bond was not issued by him, his company or a representative of his company and therefore was not Looney’s obligation. He also filed a complaint with the Montana Judicial Standards Commission, the state board that has oversight on judges, including the ability to take disciplinary action. Looney later paid the bond in full because he said Tierney’s order was costing him as much as $350,000 in business per month.
After paying the bond, Looney went to issue bonds and was told repeatedly, according to court documents and email, that the judges would not resolve the matter until he removed or resolved the complaint with the Judicial Standards Commission.
The lawsuits in both state and federal court allege that the judges are threatening Looney’s business unless he removes the complaint, a violation of his free speech rights and his right to redress grievances with the government.
In multiple emails to the judge and courts, Looney explained that he paid the bond just to restore his business, but expressed frustration with the process and the judges’ refusal to meet with him to resolve the matter. He sent a Sept. 6 email, stating:
“I would like to reiterate that the forfeiture payment was made solely to comply with the court’s initial conditions and should not be interpreted as an acknowledgment of responsibility or a withdrawal of the ethics complaint I have filed with the Judicial Standards Commission. My ability to write bonds should not be contingent upon the outcome of that complaint, which is now in the hands of the Commission.”
Since then, Looney has filed a lawsuit in Montana district court and a motion for an injunction, but that has languished for nearly two weeks without action from Park County Judge Brenda Gilbert. Looney’s attorney, Matthew Monforton, filed a motion on Monday to have the case reassigned, commonly referred to as “judge bumping,” something that state law allows within the first 30 days of filing a case by either the plaintiffs or defense. Most similar motions, asking for a restraining order, are scheduled for a hearing within several days of filing.
The National Association of Bail Agents has also weighed in, calling Looney’s case “an unacceptable abuse of judicial power.”
“The court’s refusal to accept bail bonds from Mr. Looney’s company, unless he withdraws his legitimate complaint, is nothing less than a coercive attack on his right to free speech and his ability to seek redress for grievances. Such actions directly contravene the Canons of Judicial Ethics, which mandate impartiality, fairness, and the avoidance of any appearance of impropriety,” said association president Michelle Esquenazi, the owner of the largest bail bonding company in New York. “This type of retaliation sends a chilling message to anyone who dares to question the system or bring forward concerns about misconduct. When those who wield judicial power are not held accountable, it undermines the entire foundation of trust that our legal system is built upon. The Canons of Ethics exist to ensure that the judiciary remains above reproach, and actions like these betray the public’s trust in the integrity of our courts.”
Looney also appeared last week before the Legislature’s Special Select Committee on Judicial Reform and Oversight to share his story. The all-Republican committee seemed concerned and asked about drafting laws specifically making changes to the Judicial Standards Commission.
On Tuesday, Monforton told the Daily Montanan he decided to take the matter to federal court as a means to restore his client’s business. The complaint is largely similar to the one filed in state district court. However, in the federal filing, Monforton is asking for an injunction plus punitive damages for violating Looney’s First Amendment rights to seek redress from the government.
“Freedom of speech includes ‘the right of the people to petition the government for redress of grievances,’” the lawsuit stated. “When he filed his JSC complaint against Judge Tierney in July 2024, Looney was petitioning the government for a redress of grievances and thereby engaging in protected speech. (The judges) are destroying Looney’s business because he has exercised, and is currently exercising, his First Amendment right to petition the JSC for redress of grievances.”
The new federal lawsuit alleges that Yellowstone County, the state’s largest county, has refused to accept bail bonds from Looney’s company, too. It’s unclear what, if any, power individual judges have to refuse a bond, if one is set. The Montana Constitution provides a right to bail for most crimes, and bail bonding professionals are licensed through the state’s Commissioner of Insurance and Auditor.
Monforton said that the Bozeman Municipal Court judges filed a complaint with State Auditor Troy Downing to get Looney’s bonding privileges revoked, but that office dismissed the complaint.
“We just want Mr. Looney to get his day in court,” Monforton said.