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Tags: bail | court | eighth amendment | constitution | montana

When We Can't Trust the Courts, We've Lost Our Democracy

judge
(Dreamstime)

By    |   Monday, 30 September 2024 02:54 PM EDT

OPINION

As a licensed Georgia bail bondsman, military veteran, and small business owner, I have dedicated my life to ensuring the safety and well-being of my community. Whether it's helping to secure the release of defendants or working alongside law enforcement, I have always believed in the fundamental principles that protect our citizens' rights.

One of those core principles is the Eighth Amendment's guarantee of reasonable bail — a right that is being unjustly denied in Montana today.

Recently, two Bozeman Municipal Court judges took it upon themselves to restrict a lawful surety from posting bail for defendants, effectively barring Bad Boy Bail Bonds from doing business in their court. This decision flies in the face of the Constitution and denies Montana citizens their Eighth Amendment right to reasonable bail, a right that ensures no one is unjustly held behind bars without the opportunity for release.

The consequences of this action are far-reaching, impacting not only the rights of individuals but also the safety and stability of our justice system as a whole.

This situation is all the more troubling because it appears to be rooted in judicial retaliation. The owner of Bad Boy Bail Bonds, John J. Looney, exercised his First Amendment right by filing an ethics complaint against one of these judges.

Instead of allowing the legal process to unfold, the judges retaliated by blocking his business from posting bonds until he withdraws the complaint. This is not just a violation of Looney's rights; it's an abuse of power that undermines the very integrity of the judiciary.

As someone who has worked closely with law enforcement and understands the role of bail in ensuring accountability, I am deeply disturbed by the consequences of these judges' actions.

By denying a lawful surety the ability to operate, they are causing unnecessary delays in pretrial services, increasing overcrowding in local jails, and denying defendants their constitutional right to bail. This has ripple effects that jeopardize public safety, clogging an already overwhelmed justice system.

What's even more alarming is the message this sends to the public. When judges, the very people entrusted with upholding the law, use their power to retaliate against citizens for exercising their constitutional rights, we lose faith in the system.

If judges are allowed to act with impunity, punishing those who challenge them, then our entire justice system is at risk of crumbling. We cannot allow personal grievances or judicial activism to overshadow the rule of law.

This is not just a local issue in Montana — it is a national crisis. Across the country, we are seeing an erosion of judicial accountability, and cases like this one serve as a wake-up call.

Judges are not above the law, and when they fail to uphold the Constitution, it's our duty as citizens to demand reform.

It's time for Montana's judicial system to be held to account. It's time for national organizations and oversight bodies to take a hard look at this case and ensure that judges are held to the highest ethical standards.

No individual's rights should be trampled upon by those who are sworn to protect them.

Montana citizens deserve better. Our justice system deserves better.

The fight for fairness and accountability must continue — because when we lose trust in our courts, we lose trust in the very fabric of our democracy.

Charles Chase III is a small business owner, the vice president of the National Association of Bail Agents, a Georgia bail bondsman, and a military veteran.

© 2024 Newsmax. All rights reserved.


Politics
As a licensed Georgia bail bondsman, military veteran, and small business owner, I have dedicated my life to ensuring the safety and well-being of my community.
bail, court, eighth amendment, constitution, montana
579
2024-54-30
Monday, 30 September 2024 02:54 PM
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