A-G's Request for Stay Filed With U.S. Supreme Court

by scrosby on November 6, 2009

The Kentucky Attorney General’s Office has no idea how long it might take for the U.S. Supreme Court to grant or deny a stay request filed yesterday regarding the state’s sex offender law. Attorney General Jack Conway filed the stay ahead of an appeal to a ruling last month from the Kentucky Supreme Court.

The ruling stated a Kentucky law enacted in July 2006 that applied retroactively to convicted sex offenders was unconstitutional because of the retrograde application. The law prohibits sex offenders from living near schools or childcare centers.

A-G spokesperson Allison Martin says many others states have similar laws and some have been upheld and some have been struck down.

“Attorney General Conway believes the only entity that can look at this and determine what balancing test states should use when passing or enacting laws like this, or enforcing laws like this, would be the United States Supreme Court,” says Martin.

Conway has asked for the stay until the Supreme Court decides if it will hear the case because under the Kentucky court’s decision, about 55-hundred sex offenders are now free to live near schools and daycares.

Comments Closed

{ 3 comments }

cfcoklahomaorg November 6, 2009 at 3:03 pm

It’s my hope that SCOTUS does not rule, or if it does to rule against the stay.

My reasoning is this, Justice Roberts first have to recluse himself, as he was the Prosecutor under Smith v. Doe. I believe that to be a conflict of interest.

Second, to grant the “stay” prior to an appeal is in my opinion a “stall,” and the AG could go on for years before he appealed.

The appeal should be done but not in conjunction with a stay. That is only a “political” move that WOULD stall the State Supreme Court for many years.

Stephanie Crosby November 6, 2009 at 3:40 pm

Thanks for your comments. I will say, though, one thing that made it into two of the versions of this story that we used on the air today, but didn’t make it into this version (my apologies): The AG’s office has until December 30th to file the appeal.

cfcamerica.org November 8, 2009 at 3:29 am

Here we have a person, the AG, who clearly has totally no understanding ot the situation.

A number of studies have shown Residency restrictions not only cause a false sense of security for the public, but also cost the states millions of tax dollars in supervisory fees and all the extra man hours, paperwork and everything assocated with the unconstitutaional law.
Not only that, but professionals have done studies, and their reports are widely available which state preventing those people who have served their time, and those who are trying to get a new start after having committed a crime from finding a place to live and a job actually creates more danger in the community by making those who have committed 1 crime to be in mental anguish due to trying to find a place to live and work.
This may cause some to re commit a crime.

This poor ag, bent on pushing legislation which has clearly been proven to be a detriment to the safety of his citizens needs to get with the program. He needs to enlist professionals in his scheme of protection.
He needs to find other ways to poke and prod law abiding citizens.
He needs to find other ways to give hs buddies OVERTIME PAY. Follow the money.. that is why this guy has a … on for this law.

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