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
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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https://www.record-eagle.com/news/local_news/sex-offender-registry-months-out-of-date-but-little-action-from-lawmakers/article_68690fb4-f4c5-11ea-abf0-13f1f00f784b.html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.
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.
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.