Defending justice in a system under attack

I am a slave, 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, provided they fulfill one essential obligation: to appear before the 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 threatened, not only by those who seek to avoid accountability, but also by a justice system increasingly hostile to secured bail. Across the country, judges are legislating from their seats, dismantling the safeguards that protect defendants appear for trial. These actions not only endanger public safety, but also erode constitutional principles and threaten professions like mine.

I know this fight first hand. I am currently engaged in a federal lawsuit against the Bozeman Municipal Court. in Montanawhere judges have adopted policies that effectively nullify the role of slaves. These policies allow the accused to avoid accountability while forcing the slaves to face the consequences. By legislating from the courtroom, these courts are not just ignoring statutory law: they are rewriting it to fit an agenda to eliminate secured bail altogether.

This is not just a fight for my livelihood; it is about the erosion of accountability within our justice system. By reducing or eliminating bail conditions, courts allow individuals to disappear without consequence, leaving victims retraumatized, communities vulnerable, and law enforcement strained.

To understand the severity of this problem, it is important to understand why slaves are essential. When a person is charged with a crime, the court sets bail as financial security to ensure their appearance at trial. For those who cannot pay the full bail amount, surety bonds provide the financial support necessary for their release. In exchange, we take responsibility for ensuring that the defendant appears in court. If they fail to do so, it is the guarantor – not the taxpayer – who bears the financial loss and the burden of locating the fugitive.

Without this system, courts are faced with two options: either keep defendants in overcrowded prisons until their trial, or release them on their own recognizance, hoping they will return. Common sense and experience tell us that hope is not a strategy.

Unfortunately, a growing number of jurisdictions choose to release the accused without responsibility. Judges remove financial incentives, allowing defendants to go free without bail and, in many cases, without any supervision. The victims are retraumatized when the attackers do not show up. Law enforcement must devote critical resources to tracking down fugitives. Communities find themselves vulnerable to individuals who are not encouraged to face justice.

The judicial overreach I have seen in Montana reflects a national trend. Courts increasingly prioritize convenience over liability and expediency over public safety. This movement disregards victims’ rights, shifts the burden of enforcement onto taxpayers, and undermines the constitutional principles of bail.

As a bondman, I have witnessed the chaos created in courtrooms, the frustration of law enforcement officers, and injustice experienced by the victims. But I refuse to stand idly by while a system that serves our communities erodes.

The attacks I face – from the courts and from public perception – are not unique. They are symptomatic of a broader effort to dismantle accountability in the justice system. Judges who rewrite the rules to protect defendants at the expense of victims must be held accountable. When an unelected judiciary legislates from the bench, it threatens not only my profession, but also the fundamental principles of fairness and public safety.

This issue transcends state boundaries because the principles at stake are national in scope. The right to bail is enshrined in the Constitution, and its erosion undermines the foundations of our justice system. This fight aims to ensure that the accused are brought to justice, that victims have closure and that communities remain safe.

I am proud of the work I do as a surety. I give individuals a second chance, help families reunite, and give people the opportunity to face justice with dignity. But I also impose 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. The 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.

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