A federal judge issued a preliminary injunction and order forcing Helena-based Bad Boy Bail Bonds to accept Bozeman Municipal Court after two judges refused to enforce the bond.
John J. Rooney Sr., owner of Bad Boy Bail Bonds, initially filed suit in several district courts around the state hoping to resolve the dispute, but District Court Judge Donald W. Molloy A judge transferred the case to federal court. He signed a preliminary injunction ordering Bozeman Municipal Court Judges Carolina Tierney and Colleen Herrington to either accept Mr. Rooney’s bail or resolve any objections within 48 hours.
The case began more than four years ago when another company with the same name issued a $1,585 bond, which was forfeited. Rooney subsequently purchased the rights to the company name, but not the bonded business. However, the city court challenged Mr. Rooney’s company as not being responsible for issuing the bonds and demanded payment from Mr. Rooney.
Rooney later filed a complaint with the Judicial Standards Commission, a state board that oversees the conduct of judges, alleging that the judge was unfairly infringing on her work. Mr. Rooney posted bail to rebuild his business in Gallatin County, but email records show Mr. Tierney and Mr. Herrington will not have their sanctions lifted unless the charges are dropped, and Mr. Rooney I didn’t want to do that. state and federal courts;
Mr Rooney continues to assert his legitimacy before the Judicial Standards Commission, but the process is kept confidential pending a final decision by the Judicial Standards Commission.
The stipulated injunction was signed by Molloy last Friday, days before a preliminary hearing in which two district court judges could have been called to testify about the conduct in court. However, this is extremely unusual.
The stipulated order, which will remain in effect pending the final outcome of the federal case, will allow Looney and Bad Boy’s bail bond to be posted in Bozeman and Gallatin counties. Mr. Rooney will abide by all state laws, but if there is a problem with the bond he issues, the judge must raise the issue within two business days and attorneys representing Mr. Tierney and Mr. Herrington, as well as Mr. Rooney Attorney Matthew Monforton, who represents the company, will resolve the matter.
Monforton said as of Tuesday he did not know whether Rooney or his agents had posted bail in Gallatin County, but he provided a copy of the federal court order to the Gallatin County Prosecutor’s Office and Gallatin County. He said he was sent to a detention center. Monforton said he sent the same to Yellowstone County because he had questions about whether other counties were starting to reject Looney’s bond because of Gallatin County’s problems.
This case also raises interesting questions about the management of bail bonds. The Montana Constitution provides that defendants have the right to bail in most cases. Bail bond companies are supervised by the State of Montana’s Comptroller and Commissioner of Securities and Insurance. The judges originally filed a complaint with the Comptroller’s Office regarding Rooney, but that complaint was dismissed and Bad Boy Bail Bonds remains active and in good standing, with the judge’s approval. Questions have arisen as to whether bail money can be refused from companies that have been involved. It is in good condition.
For now, Monforton told The Daily Montanan that Rooney is back at work, but that doesn’t mean the trial is over.
In the federal lawsuit, the judges allege that Rooney interfered with federal constitutional rights, including free speech, when he filed a complaint with the Judicial Standards Commission, and Rooney was awarded compensatory and punitive damages. The lawsuit is expected to continue. But the injunction forcing the city court to accept bail will remain in place until the case is over or unless Molloy issues another order.
“This is unconditionally good news,” Monforton said. “This clearly showed that the municipal court judges knew they were in the wrong.”
241025 (28) Preliminary injunction
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