KY AG Asks SCOTUS To Stay Residency Decision

After the Kentucky Supreme Court denied a stay in a challenge to the retroactive application of the state's residency restrictions, the state Attorney General has filed a motion in the U.S. Supreme Court to stay an earlier decision. You may read the motion here. From a press release:

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.

Given that SCOTUS showed no inclination to take prior cases at the federal or state level, I'd be surprised to see them intervene here. However, with Comstock and Carr on the docket this term, they could resolve the major disputes to the various sex offender laws all at once if they took the Kentucky case.

Comments

[Dave]

"meaning more than 5,500 sex offenders could live next to schools and daycares."

Just because something can happen doesn't mean it will. I hate how the State tries to spin numbers into making people think if these laws were to all of a sudden vanish millions of children would be at immediate risk for kidnapping, rape, and murder. What the government implies and what the vast number of the majority infer are often the same thing in regards to sex offenders.

[rodsmith3510]

i love it. Never would have figured he'd be retarded enough to do it. I dont' think the u.s supreme court has EVER issued a stay except for a capital case where a life was expected to be ended unless it was issued.