John Looney, Sr., owner of Bad Boy Bail Bonds, speak to the
The executive director of the American Bail Coalition has submitted a request to Montana Senate President Jason Ellsworth, R-Hamilton, and other members of the Senate Select Committee on Judicial Oversight and Reform to begin an impeachment inquiry into two Bozeman Municipal Court judges who are accused of freezing out a bail bonding company until it withdraws a complaint before the state’s Judicial Standards Committee.
The case has continued to work its way through city, state and now federal court, and has its genesis more than four years ago when Bad Boy Bail Bonds posted a $1,585 bond in Bozeman Municipal Court that was forfeited. However, John Looney, Sr., the owner of Do Process Bail Bonding, later bought the Bad Boy name, but not the business. When he subsequently went to do business with the Bozeman Municipal Court, they rejected it, saying there was an outstanding bond.
According to court paperwork, Looney argued that it was not his business, his employee or his bond that was issued, but the Municipal Court still refused to take his bonds. In Montana, bail bonding companies are licensed through the state’s Commissioner of Securities and Insurance. Looney’s bail bonding license is current and active.
Looney eventually paid the bond in order to try clearing the administrative logjam, but he also filed a complaint with the Montana Judicial Standards Commission, which oversees judicial officers throughout the state.
After Looney paid, he went back to Gallatin County Detention Facility to bond, where he was again refused. Bozeman Municipal Judge Karolina Tierney and Chief Judge J. Colleen Herrington have said that they cannot resolve the matter until the complaint is either resolved or withdrawn.
Looney has said that his business may have to close, and he’s losing as much as $350,000 in business monthly.
Only two judges in Montana have been removed from office, the last nearly a century ago.
The executive director of the American Bail Coalition, Jeffrey Clayton, who served as an attorney for the Colorado Judicial Branch, told Ellsworth and the committee of lawmakers that he was, at first, reluctant to enter into the fight, but after reviewing the documents, the organization, which represents bail bonding companies nationally, he felt compelled to act in order to protect the practice from judicial abuse.
“This brazen demand (to withdraw the complaint) undermines the integrity of Montana’s judiciary, demonstrates a grotesque abuse of judicial power, and casts doubt on the impartial administration of justice within the Bozeman municipal court,” Clayton said. “Furthermore the Montana judiciary has refused to allow a pending lawsuit brought by Mr. Looney against municipal judges to proceed, further entrenching the perception of judicial protectionism.”
Earlier this week, Looney’s attorney, Matthew Monforton, filed a case in federal court, which has now been assigned to a second federal judge, after a lawsuit and request for an injunction appeared to languish without a response for more than a week in state district court.
The federal case was at first assigned to Magistrate Kathleen DeSoto, but Montana District Court chief judge Brian Morris reassigned the case to Judge Donald Molloy this week.
“I have never witnessed such widespread, unprofessional conduct in the judiciary in any other state than what I am watching unfold in Montana with Mr. Looney’s case,” Clayton writes.
He told the select committee that he practiced law in Colorado and in federal court for more than 20 years.
“I initially refused involvement because I simply refused to believe, as a former defender of the judicial branch, that such a complete miscarriage of justice could occur. Unfortunately, I was wrong in my judgment,” he said.
Clayton said that the national organization is pushing to impeach both judges because their actions undermine the court system, while also endangering the legitimate bailing process, which is enshrined in Montana’s state constitution.
“The American Bail Coalition believe that an impeachment inquiry is the appropriate and, perhaps, only mechanism to fully investigate these allegations, determine whether any judicial misconduct has occurred, and restore the public’s trust in the court system,” Clayton said. “We therefore strongly urge the Select Committee to exercise its oversight function and initiate this process without delay.”
A spokesman for Ellsworth said that he is aware of the letter, but hasn’t yet committed to any specific action regarding Looney’s case.
“Senate President Ellsworth and the select committee appreciate those public comments and take them and the situation in Bozeman Municipal Court very seriously,” said the Montana Senate Republican spokesman.
Bail bonds in Yellowstone County
In his latest court filing, Looney said that his bail bonds were being rejected not only in Gallatin County, but Yellowstone County as well.
A public documents request through Yellowstone County reveals some confusion about the bonding situation. Yellowstone County officials confirmed that they can take bail bonds for those being detained in Yellowstone County, but cannot take bonds for Bozeman at the Billings location.
One of the booking officers reported that the Yellowstone County facility cannot accept bonds for the Bozeman City Court.
As part of the public records request, Sen. Barry Usher, R-Billings, said that he had asked for a written copy of the order from the Bozeman Municipal Court, but was denied because it was not a written order.
The clerk told Usher, according to email records, that it was an “administrative order” and a “verbal order.”