House Judiciary Hears Push to Censure Two Bozeman Judges Over Bonding Decisions

Representative Tom Millett opened a House Judiciary hearing on House Resolution 4, describing three complaints accusing Bozeman Municipal Judges J. Colleen Harrington and Carolina Tierney of illegally suspending a bail bondsman’s bonding privileges, extortion to force withdrawal of complaints, and malfeasance in office. Millett told the committee HR4 would "censure Bozeman Municipal Judges J. Colleen Harrington and Carolina Tierney for official misconduct and malfeasance in office," and urged members to give the resolution a "do pass."

John Looney, a Helena bail bondsman and president of the Montana Bail Agents Association, testified that his company’s bonding privileges were suspended without notice, costing his business and family, and that he was forced to pay forfeitures to save the company. He told the committee, "I didn't get due process."

Attorney Matthew Monfortin, representing Looney, cited a federal district-court order denying a motion to dismiss based on judicial immunity and read email exchanges he said are in the court record. Monfortin told legislators the federal court concluded the judges' actions were not judicial acts for immunity purposes, a determination he characterized as legally significant for HR4. He said the documentary record includes verbatim emails from Judge Harrington's office that his client provided to the court.

Proponents — including members of the Montana Citizens Council on Judicial Accountability and other private citizens — argued the Judicial Standards Commission has repeatedly failed to hold judges accountable and that the House has a legitimate oversight role. Several called the conduct a pattern that merits a formal expression of disapproval.

Opponents, including counsel for the judges, warned the committee that it is not a fact-finding body and stressed ongoing litigation and discovery. Lilia Terrell, appearing for the judges, told the committee, "This is not a fact finding body," and said the federal court’s denial of a dismissal on immunity grounds reflects the procedural posture of a 12(b)(6) ruling — the court assumed the plaintiff’s allegations true for the narrow legal question but did not make a final finding of misconduct.

Other opponents included a justice of the peace and a municipal judge who argued established disciplinary channels — the Judicial Standards Commission and the courts — exist to resolve allegations properly and that a legislative censure could circumvent due process. Michelle Westberg, chief clerk for Bozeman Municipal Court, described administrative and clerical disputes with Bad Boy Bail Bonds and said staff had received complaints about the company’s bond entries and timeliness, which contributed to the court’s administrative response.

Committee members pressed witnesses about the evidence and legal implications: whether the municipal court ever issued a written order suspending bonding privileges, whether the Commissioner of Securities and Insurance had been involved, and the scope of the federal order. Counsel for the judges said parts of the record are disputed and that discovery is ongoing in state and federal litigation.

The hearing produced no final vote on HR4. Before testimony began, the committee voted 12–8 to overrule a point-of-order objection and to allow the hearing to proceed. At the close of the hearing, Millett repeated his request for committee support and the chair adjourned the session to move the committee into executive action on unrelated Senate bills.

What happens next: the committee did not take formal action on HR4 during the session recorded here; members said litigation and ongoing JSC proceedings remain outstanding and may affect future committee action. If the committee takes HR4 up again, a subsequent executive action vote would be required to advance a 'do pass' recommendation to the full House.