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I am a bondsman—a profession rooted in the Constitution and born from the fundamental principle of justice: the presumption of innocence. For centuries, the right to bail has been a cornerstone of our legal system, ensuring that individuals accused of crimes can maintain their freedom while awaiting trial, so long as they fulfill one essential obligation: to appear in court. This system, when working as intended, strikes a delicate balance between the rights of the accused and the safety of the public.
Yet today, this balance is under attack—not just from those who seek to avoid accountability, but from a judicial system increasingly hostile to secured bail. Across the country, judges are legislating from the bench, dismantling the safeguards that ensure defendants appear for trial. These actions not only jeopardize public safety but also erode constitutional principles and threaten professions like mine.
I know this fight firsthand. I am currently engaged in a federal lawsuit against the Bozeman Municipal Court in Montana, where judges have adopted policies that effectively nullify the role of bondsmen. These policies allow defendants to avoid accountability while forcing bondsmen to shoulder the consequences. By legislating from the bench, these courts are not just ignoring statutory law—they are rewriting it to fit an agenda that seeks to eliminate secured bail entirely.
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This is not just a fight about my livelihood; it is about the erosion of accountability within our justice system. By reducing or eliminating bail requirements, courts enable individuals to disappear without consequence, leaving victims retraumatized, communities vulnerable, and law enforcement stretched thin.
To understand the gravity of this issue, it’s important to recognize why bondsmen are essential. When a person is accused of a crime, the court sets bail as a financial guarantee to ensure their appearance for trial. For those unable to afford the full bail amount, bondsmen provide the financial backing necessary for their release. In return, we take on the responsibility of ensuring the defendant appears in court. If they fail to do so, it is the bondsman—not the taxpayer—who bears the financial loss and the burden of locating the fugitive.
Without this system, courts face two options: either hold defendants in overcrowded jails until trial or release them on their own recognizance, hoping they return. Common sense and experience tell us hope is not a strategy.
Unfortunately, a growing number of jurisdictions are choosing to release defendants without accountability. Judges are removing financial incentives, allowing defendants to walk free without bail and, in many cases, without any oversight. Victims are retraumatized when offenders fail to appear. Law enforcement must divert critical resources to track down fugitives. Communities are left vulnerable to individuals who have no incentive to face justice.
The judicial overreach I’ve seen in Montana reflects a national trend. Courts increasingly prioritize convenience over accountability and expedience over public safety. This movement disregards the rights of victims, shifts enforcement burdens onto taxpayers, and undermines constitutional principles of bail.
As a bondsman, I’ve witnessed the chaos created in courtrooms, the frustration of law enforcement officers, and the injustice experienced by victims. But I refuse to stand by while a system that serves our communities is eroded.
The attacks I face—from the courts and public perception—are not unique. They are symptomatic of a broader effort to dismantle accountability in the justice system. Judges rewriting the rules to protect defendants at the expense of victims must be held accountable. When an unelected judiciary legislates from the bench, they threaten not just my profession but the foundational principles of fairness and public safety.
This issue transcends state lines because the principles at stake are national in scope. The right to bail is enshrined in the Constitution, and its erosion undermines the foundation of our justice system. This fight is about ensuring that defendants face justice, that victims receive closure, and that communities remain safe.
I am proud of the work I do as a bondsman. I provide individuals with a second chance, help families reunite, and give people an opportunity to face justice with dignity. But I also enforce accountability—on the defendants I serve and on the system itself. If that makes me a target for criticism or attack, so be it.
Our nation deserves better than a justice system that lets people off the hook. Victims deserve better. Communities deserve better. And I will continue to fight for a system that upholds justice, accountability, and public safety—because these values are worth defending.
John J. Looney Sr. is a U.S. Army veteran, former law enforcement officer, and owner of Bad Boy Bail Bonds in Montana. He serves as president of the Montana Bail Agents Association and executive vice president of the National Association of Bail Agents, advocating for effective bail systems and public safety reforms.
