The Political Bridge

Attorney General Conway Files Motion With U.S. Supreme Court Asking For Stay of KY Sex Offender Residency Ruling

Office of the Attorney General
 

Press Release Date:	Thursday, November 05, 2009
Contact Information:	Allison Gardner Martin Communications Director 502-696-5651 (office)

 

Attorney General Jack Conway today filed a motion with the United States Supreme Court asking it to stay the recent ruling by the Kentucky Supreme Court that lifts the residency restrictions for all registered sex offenders who committed their crimes before July 12, 2006 – meaning more than 5,500 sex offenders could live next to schools and daycares. 

General Conway and his Office of Criminal Appeals are asking the U.S. Supreme Court to stay the state ruling until it decides whether or not to review Kentucky’s case.  The Office of the Attorney General has until December 30, 2009 to file a certiorari motion with the U.S. Supreme Court. 

Attorney General Conway will file the certiorari motion because Kentucky’s law is similar to laws in several other states that have had conflicting rulings by state courts.  He also has the statutory obligation to defend laws passed by the Kentucky General Assembly.

“I understand there are constitutional questions regarding retroactivity, but there are also public safety implications for families in keeping sex offenders away from where children congregate.  Only the U.S. Supreme Court can weigh these issues and provide guidance to states,” said Attorney General Conway. 

Attorney General Conway’s Office of Criminal Appeals filed a motion on October 21, 2009 with the Kentucky Supreme Court requesting that it suspend implementation of the ruling until the U.S. Supreme Court determines whether or not it will review the Kentucky case.  The Kentucky Supreme Court denied the motion.

A link to the Office of the Attorney General’s motion for a U.S. Supreme Court stay is below.

Baker App for Stay

 

Kentucky’s Attorney-General Jack Conway to Ask US Supreme Court to Hear Sex Offender Law

From WLKY News

The state's Supreme Court ruled it was unconstitutional to enforce that law with offenders who were registered before the law went into effect.

In a statement released Thursday, Conway said, "I have serious concerns about how the Kentucky Supreme Court's ruling will affect public safety. And in the interest of protecting Kentucky families, I will ask the U.S. Supreme Court to hear our case."

Judicial Panel Conducting Survey on Jefferson County Judicial System, reports 89.3 WFPL

The Jefferson County Commission on Racial Fairness is conducting a new survey, this one about the everyday workings of the county judicial system.

The commission was created in 2001 to investigate claims of racial bias in Jefferson Circuit Court. Panel chair and Court of Appeals Judge Denise Clayton says since then, the commission has conducted a series of studies on various race-related aspects of the local court system.

“The other areas where we have reports were on sentencing, the setting of bail, jury selection and now we’re looking at courtroom environment,” she said.

A new 26 question survey will be available on selected business days through October 12 at the Jefferson County Judicial Center and the Hall of Justice. It can be completed by citizens, attorneys, police officers, social workers and others, plus will be available to jail inmates. Participants are not required to reveal their identities.

Be Sure To Read: 89.3 WFPL