HUGE WIN IN MICHIGAN: Judge Invalidates Portions of SORA
Today, A federal district court Judge granted a motion permanently enjoining the enforcement of Michigan’s Sex Offender Registry against the primary class and enforcing the entirety of Michigan’s SORA against registrants whose offenses predate the enactment of 2011 Amendment.
The entire opinion can be read below and we’ve not had a chance to digest it yet, but we can tell you that this is GREAT NEWS and a Huge win for persons required to register in Michigan who have been subjected to registration requirements that were already declared unconstitutional years ago.
Does v. Snyder II – ORDER GRANTING
Will dig in deeper later, but after my once-over I’m still a little disappointed for:
Giving the Michigan legislature another 60 days to revise their registry.
Leaving SORA 2011 in place for those whose crimes were committed in and after 2011. Sorry, but if MI’s SORA 2011 is unconstitutional for any reason, it shouldn’t apply under any circumstance.
Nonetheless, it’s probably the biggest step toward registry abolishment EVER. Pretty happy to see it.
Awesome news! Starting the year off right!
I am sure parts of this will be added to our Florida lawsuit, correct?
I saw this, please once you digest it, explain to us what this means and can it be appealed. I know everyone has been waiting on this and seems like fantastic news.
The following is from the ruling….”This court receives several calls a week from registrants inquiring about the status of SORA and of this case, and is therefore aware of the confusion which presently exists regarding the legal status of SORA. The rulings in this order are likely to add to the existing uncertainty among law enforcement and registrants if notice is not provided. Thus, the court will order notice under the terms described below.”
My point is to show calls and letters and out reach are heard by the people we need to hear it. So let this be a reminder that what we do matters even though you may not see it. So let us all keep at it!
I know this is not in our region but can this be used as a catalyst to boost our case here for the Ex post Facto suit? Or is it too late for them to add any new case law as evidence or precedence.
This is great news for us here in Michigan, and hopefully other States will take notice and follow suit. I am pre-2006 and 2011, but what I still don’t understand even though I have read the ruling twice already, is I know the 2006 doesn’t apply but is the 2011 amendments still apply?
I was convicted in 1992 before the registry even existed was suppose to register for 25 years when the registry was created, then it was changed to life in 2011 for supposedly being a tier 3, I will have 28 years on the registry in June, so does the ruling also include 2011 registrants, or is the 2011 amendment still in play for now. Any clarification would be appreciated. Thank you in advance.
If only this were in Florida…
MI ACLU Statement about today’s ruling
https://www.aclumich.org/en/press-releases/us-district-court-ruling-will-require-michigan-rewrite-sex-offender-registration-law
Thanks for posting that. The article took the air out of my tires. All the judge ruled was not to get rid of registry for anyone, just to remove some restrictions of pre 2011 offenders that had rules added on top of what they already had to abide by.
It is something but if a win, will just go back to what the ex-offenders had to abide by pre 2011 which still sucks. But a step forward anyway. Some on here commenting making it sound like they are throwing out the entire registry for 2011 registered citizens.
It is just saying if the law makers do not comply with some adjustments, then the courts will remove them from the registry all together. I think with that being said it will encourage them to rewrite the law while leaving everyone on the registry, just with a filed down rules list
I want to caution everyone, including my fellow registrants here in Michigan, that this order has NOT become effective. If you read the order all the way to the end, you will note that the Judge has given the state until March 13, 2020 to submit a proposal for new legislation that will make Michigan’s registration law Constitutional, and that this order will NOT become effective until 60 days AFTER the Court’s final ruling. In other words, this PROPOSED order is simply a tactic by the Judge to scare the Michigan Legislature into finally acting. It may sound encouraging, but it still leaves the ball in the Legislature’s court. Please inform all Michigan registrants that they still have to obey all of the sex offender registry provisions here in Michigan.
I whole heartedly agree as the court system moves at a snails pace. There was a ruling a few years ago about a man in prison who was not getting the medical attention he needed. After years of back and forth with the attorneys and the D.O.C, the judge finally ruled to release the inmate for medical reason, however, by that time, he had already passed away.
Lawyers on both sides can deploy tactics to prolong a case even past the time of limitations in hope of having a case tossed. That happened here recently with a murder case and no charges were ever brought against anyone so now they may have to let all the suspects go due to a sloppy case handling.
Case in point the lawyers in another state who rushed to file a registry lawsuit recently that may have affected and or harmed our Ex post Facto case.
I just read this on ACSOL site…..On Monday, Feb. 17, ACLU Senior Attorney Miriam Aukerman will hold a Facebook live on the ACLU of Michigan Facebook page to update registrants on the implications of today’s ruling.
I am not sure where they are getting this info from, but several people have noted this.
Here’s a hoot!
Lead ACLU attorney Miriam Auckermann is holding a special live on-line event this event to announce the ramifications of this ruling to Michigan’s registered (and the rest of us 2nd class folk’es who cain’t use no water fountain).
Guess WHERE she is doing this?????????????????????????????????????????
On ACLU Michigan’s FACEBOOK PAGE!!!!!!!!!!!!!
Also (and this is another HOOT!) the legislature has 60 days to put a band-aid on this mess (with the idea (according to most of Michigan – er, ers) to weed out the Romeo and Juliets among us and throw the rest of us back under the bus while they dust off their collective hands and poo-poo the rest of us … Yes, we who are The “Worst-of-the-Worst”.
This is a F****** Joke!!
Intifada, anyone?
it’s not such a big win..it’s a fake ruling. read the bottom. it doesnt take affect for 60 days so legislature can do something worse and just word it different and then the ruling just disappears for the next court challenge and all blinders are back on..any doubts legislators have already devised something three times as devious?
They can’t come back with something worse because the court has already ruled certain requirements unconstitutional.
I’m hopefull if they do legislate a new registry that it’s so benign that noone want to bother with it. If they actually do create a non punitive registry its gotta be far better than what we have now. Oh course I want it gone completely but I’m doubtful of that. I was convicted in 1994 and was a juvenile charged as an adult. I know I’d welcome any relief I could get.
Dear Fac,
If one were to move to MI From Fl after ruling takes affect, whenever it might be, and FL conviction was pre 2011, any idea if you would be considered part of the ex-post facto class or the after 2011 class?
Either way, this is reallly good news.
Pre-2011 crime would place someone in court’s ex post facto class. I’m not aware that it matters where the crime was committed.
Thanks Jacob,
I hope that’s correct. I know some states have rules that make you follow the scheme of whatever state you were convicted in regardless of their own rules
JC
I hate to say it but, would rather be on the registry than go through a Michigan winter. Sounds odd but I have lived all over the U.S and those days of waiting for the school bus in 12 degree weather and the bus never showing up sucked raw, smelly feet.
I guess the summers would be nice though and stay away from Detroit, America’s wasteland and former worst crime and murder center a few years in a row.
On a positive note, during the winter you can walk across the great lakes to Canada, but by time you got there walking, it would be summer again HAHA
I hear ya Cherokee. But having options is always good. MIL lives in MI, btw.
ruled certain requirements unconstitutional.? What certain requirements exactly were ruled unconstitutional?, Please explain in easy to understand words, Thank you.
Riff Raff
That is why I do not understand all these people who make statements like “If I get off Florida registry, I am moving somewhere else”.
Really??? How many times have we seen people move to another state after getting off ONLY to be put back on my the new state. If I get off the Nazi list here, I am staying put. It is like crying for a candy bar and when you finally get it you say ” NO I want ice cream”
I think that I should include a quote from that ruling that bears our attention:
” The court’s duty is to invalidate those portions of SORA
that violate the Constitution. In so doing, the court recognizes that its ruling will fracture
the existing structure of SORA. However, the court anticipates that its ruling will reignite
efforts to finalize a new, unified registration statute that can survive constitutional
review, as has the national model, SORNA.
But until such time as the legislature acts, SORA will be unenforceable against a
large portion of registrants and may be enforced only in part against the remaining
registrants.”
In other words, the Judge is still giving the state one more chance.
Praise God!!!!! Praise God!!!!! Praise God!!!!!
We finally have seen a big win on our behalf!!!
Let’s hope that this will reflect in an almost certain positive way in all other states of the Union.
People and Judges are finally beginning to see that the registry does nothing to protect anyone or prevent any crime.
Praise God!!!!! Praise God!!!!! Praise God!!!!!!
I too love the Lord but will hold back any excitement until anything substantial actually happens. ie anyone being removed from the registry or actual lessening of sanctions.
Yes it for sure is some good news but I think some did not actually read the article. The state still has a bunch of time to come up with a plan and even after that they can request an extension and then it could take years to implement the plan as it is hashed back and forth between the courts and the law makers.
My thing is, if the adding of new sanctions is illegal, how is not the entire registry for post pre 1997 ex-offenders not illegal. ? Even the judge won’t address that, but I guess a small amount of correction is easier to digest that a total squashing of the law as unconstitutional.
But yes the Word does say “In all things give God the Glory” so will try and maintain a positive outlook knowing it is in His hands.
I’m sure if you listen to the next registry matters pod cast Monday or Tuesday it will be covered in full deatil..
When the Michigan legislature rewrites the sora law, they will almost certainly carve out exceptions for “good” sex offenders (roadside pee-ers, Romeo-Juliets and possibly non violent (CP)).
This is not going to change much except to further divide and weaken us. It will erode our numbers and quiet our voices.
Meanwhile, the lead ACLU attorney is holding a press conference on FACEBOOK, a platform from which sex offenders are completely banned!
Don’t fall for this. It is too little….Much too little!!
Oh, by the way, have you noticed how many political announcements are made on FACEBOOK? And how many business blogs are on FACEBOOK?
We are completely vanned from FACEBOOK.
I cannot even access the corporate website of the company for which I work because it is on FACEBOOK.
HMMM……”Second Class Citizen” is one phrase that come to mind!
Lets rational this with facts for a moment then reply with if you still actually think you will be off the hit list.
1). attorney fighting for the Doe’s states there should be a list
2). Judge finds parts of law unconstitutional
3). after several years unconstitutional law still in effect (how is an unconstitutional still allowed to be enforced)
4). after several years judge rules again unconstitutional and gives the state 60 days after the ruling that the parts of the law are unconstitutional to correct the law but still the unconstitutional law is still in place! (only against SO’s is an unconstitutional law allowed to stand! it should have been immediately struck down since it is unconstitutional!!!! Constitution means nothing anymore and this case proves it!!!!)
5). Court enjoins state from enforcing the law.
That’s the important part of this new ruling.
@Tired old Man, All I know since my conviction was way back in 1992 when I was 23 years old. and there was no such thing as a registry back then, I and many others will be removed from the registry altogether.
So what does this mean for us here in Mi? I’m a tier 1 in my 8th year out of 15.
I apretiate all that your doing toward the unconstitutionality of Sorna.
So how does this help anyone in Floriduh?
Persuasive precedence – look for a notice of supplementary authority in the Ex Post Facto Plus case.
@Gerald,
I was convicted in 1992, before a registry ever existed, and then placed on it in 1995 for 25 years, then it was changed to life in 2011, so I know for a fact I will be removed from the registry, according to my registration start date it is the same as my conviction dating, meaning on 6-19-2020, I will have 28 years on the registry, I also believe the gentlemen is pretty spot on in his assessment, many of us will be removed from the registry regardless of what law the legislature comes up with because it will not in any way have a effect on pre-2006 and 2011 registrants . It will however have a effect on post-2011 registrants or anyone who has not completed their 25 15 or 10 year registration,
Of course it will have a big effect for many registrants. But the big frustration is “when?” It should have been finalized long ago.
I am disappointed in the lack of understanding and appreciation for this historic decision as evidenced in the comments. Too many people saying, “the legislature has 60 days to come up with something else” or “it does nothing to abolish the registry” or “how does it help us.” First of all if anyone here is of the belief that the registry will ever be abolished or punishments for sex crimes will ever be abolished or even lightened, i’m afraid you are in for a huge disappointment.
If you read the decision the Court is providing immediate, “injunctive” relief due to the fact that the Leglislature and Law Enforcement in Michigan continue to ignore a 2016 ruling that said, a)these laws are punishment. b)they violate the ex post facto clause. c)stop enforcing them on those whose sentencing occurred before the law was enacted. It is a far reaching decision which contains no expceptions. This is HUGE, HUGE HUGE and a historic case for our cause. Change has to start somewhere and from that place Courts will follow in kind. It is how the judicial system works. And remember that binding decision in 2016 was by the highest court possible for that case – the Supreme Court refused to hear any appeal.
Everyone is misunderstanding the 60 day rule. The Court, using it’s Judicial strong arm is using NOTIFICIATION (the good kind) as a tool by which to enforce the 2016 Court’s opinion. This recent decsions basically says, hey Legislature, since you have not informed your citizens about this new ruling and continue to enforce a law that has been deemed unconstitutional, we now are going to require you to notify all appropriate citizens, law enforcement and prosecuting attorneys of these changes. We’re going to tell you how to do it whent to do it and we are going to oversee the whole process. You have until March 30th in which to complete this task. Should you not complete this task, the decsion says, the Court itself will use its power per the Federal Judicial Code to notfiy all parties ITSELF. That is very very important.
And yes, finally the decision says that following the notification process in order to make sure everyone is on the same page the decsion becomes absolute Law in 60 says. The Legistlature has 60 Days to come up with a registry scheme that is constitutional, not just any ole thing they want. But regardless of what they do, this will become law.
You all are misunderstanding the decision. It’s a huge win for EVERYONE especially us because it sets JUDICIAL PRESCEDENT. It’s big – really big. We need these laws to be deemed punitive – without that we are dead in the water and that’s what this decsion does.
Here are some of the most powerful passages taken from the recent order. The powerful language itself is worth the read. A bunch of sex offenders telling the State what to do through the voice of a judge. HUGE!!
Requirement Plaintiffs (Offenders) also request that this court order Defendants (State) to provide notice of the relief granted in this order to all SORA registrants, law enforcement officials, and prosecuting attorneys. The Federal Rules of Civil Procedure grant the court broad discretion to ensure that class members receive proper notice. This court receives several calls a week from registrants inquiring Case 2:16-cv-13137-RHC-DRG ECF No. 84 filed 02/14/20 PageID.1803 Page 27 of 32 28 about the status of SORA and of this case, and is therefore aware of the confusion which presently exists regarding the legal status of SORA. The rulings in this order are likely to add to the existing uncertainty among law enforcement and registrants if notice is not provided. Thus, the court will order notice under the terms described below.
Plaintiffs assert that the Michigan State Police SOR Unit is best suited to issue notices because it maintains the records for all registrants and has experience with providing notice to registrants and law enforcement.
The court will decide any issues that may arise as the parties craft the required notices, and approve a final form. V. CONCLUSION For several years, registrants have been forced to comply with unconstitutional provisions of SORA. The parties, and this court, expected that the Sixth Circuit’s ruling would spur legislative action, and for some time, it appeared that the legislature was poised to pass a new and comprehensive statute, obviating the need for this opinion. Unfortunately, the legislature was not able to finalize a new registration statute. Faced Case 2:16-cv-13137-RHC-DRG ECF No. 84 filed 02/14/20 PageID.1804 Page 28 of 32 29 with the continued violation of their rights, Plaintiffs returned to this court to remedy Defendants’ ongoing violations. The court’s duty is to invalidate those portions of SORA that violate the Constitution.
Unless and until decisive action is taken by the Michigan legislature, no provisions of SORA may be enforced against members of the ex post facto subclasses.
Your excitement is understandable, but I live under the registry in Michigan. The precedent was set more that 2 years ago, but nothing has changed. If this recent injunctive relief was truly “immediate” it wouldn’t require 60 days. By the way, the 60 day period doesn’t even start until the close of the case, and the Judge has never stated when that closing will be. The ACLU lawyers who are pressing the case understand this ruling to mean that it simply will force the Michigan Legislature to act. There is no way to predict how they will rewrite the law, or whether the new law will have to also be challenged in court or courts. No one is more excited by this injunction than I am. My conviction was in 2003; therefore, a permanent injunction like this would relieve me of ALL of the registry requirements. If it were up to Michigan’s current Attorney General, the registry would be abolished. But it’s not up to her. This Judge’s order has not taken effect, and may never take effect. When there are any substantial changes in Michigan’s registry law, I will certainly immediately inform the Florida Action Committee, but as of this date, nothing has changed.
I can only speak for myself but we all have got excited in the past with untold numbers of rulings in our favor that either got over turned, appealed or just never was implemented.
If I do not get all excited, I won’t be disappointed. Since I have not seen a single win that affects me ( just losses ) since 1997, I will do back flips when we have undeniable evidence and a letter sent to every single offender affected by the FDLE stating we no longer have to do such and such.
In the meantime, I will try to stay optimistic and continue to pray.
Listen to the song Cats In The Cradle by Harry Chapin and you will understand how I feel
Has been an unconstitutional scheme in Florida since Coolly told the Athorities not to let him out.
It’s going to get worse….much worse. The idiots in Lansing will most certainly make it constitutional but the restrictions will be far worse. It will only end in the ACLU having to start from scratch. The legislature has asked the previous senator rick Jones to rewrite the new laws. He was the jack wad that radically changed the laws for the worse and made them unconstitutional.
@Warpath, were did you get this information I live in Michigan and have heard nothing about Rick Jones, who is an idiot by the way, asked to rewrite the registry. I don’t think he cane being a former legislator.
There was a rewritten law proposed last year, but the Senate in Michigan tabled it before a vote, effectively killing it. Because of the fears from public outcry, legislators don’t even want to vote on the record. So my hope is that they are unsuccessful at passing anything new, and the Court will follow through and make this Order permanent. Then the politicians can all deny that the collapse of the registry was their fault.
More support for the recent Michigan decision plus how New York’s Cuomo is trying to bar registrants from mass transit to get re-elected.
https://theappeal.org/new-york-transit-sex-offense-laws/
I just want to again caution registrants in Michigan that the federal Judge’s order here is NOT yet in effect. The lawyers for the Michigan ACLU say that it will be AT LEAST 90 days, and maybe longer, before this Order will take effect. They also caution that any actions by the state legislature may also affect how that Order will be applied and whether it will even be necessary at all. Hopefully the judge will stick to his guns and make sure that the law and its enforcement are truly Constitutional. But the ACLU is currently cautioning Michigan registrants to obey ALL of the registry laws as currently written until the lawsuit has been finalized. They also ask that individuals In Michigan
NOT pursue any new legal actions concerning the registry at this time. Let the current class action suit run its course.
Michigan suspended registry enforcement, pending new legislation. Last I checked. Do we know whether the Michigan situation has advanced?
A reminder that 6th Circuit registry law is quite a bit different from the 10th (Colorado).
The federal judge gave the legislature a deadline for when a new constitutionally compliant law had to be passed. That deadline would have already passed, but because the governor shut things down because of coronavirus, the legislature hasn’t been in regular session. Everything is on hold for now.
Michigan registry “could collapse”:
https://www.record-eagle.com/news/local_news/sex-offender-registry-months-out-of-date-but-little-action-from-lawmakers/article_68690fb4-f4c5-11ea-abf0-13f1f00f784b.html
Thank you for the article and the South Carolina study. This study is right on target and was published back in 2010. We are in a country that claims to value education, yet doesn’t listen to or act upon research results.