In a written response to questions about remodeling West Virginia Supreme Court justices’ offices — in a clear effort to change the subject and distract from the issue-at-hand — Justice Margaret Workman noted that, in the last year, the court has “already saved almost $8 million so far this year.” Justice Menis Ketchum wrote it was $7 million.
They attempted a kind of bait-and-switch to change the topic.
OK, I’ll take the bait. Let’s look more deeply into this attempted distraction, the way that the majority of the court has reduced this year’s spending by $7 million or $8 million.
The court has done so by eliminating or dramatically reducing funding for a number of vital court services.
Here’s a partial annotated list:
Elimination of the Dedicated Sex Offender Probation Officers Unit — 38 Intensive Supervision Probation Officer positions were eliminated. Eight general probation officer positions were created to help with the additional load placed on probation officers now that post-incarcerated sex offender supervision has been spread to the general probation officers who have little, if any, of the special training for handling sex offenders. The result will reduce public safety as the ever-threatening sex offenders have a freer hand to menace society.
Fear mongering and defamation of character:
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from the article:
Elimination of the Dedicated Sex Offender Probation Officers Unit — 38 Intensive Supervision Probation Officer positions were eliminated. Eight general probation officer positions were created to help with the additional load placed on probation officers now that post-incarcerated sex offender supervision has been spread to the general probation officers who have little, if any, of the special training for handling sex offenders. The result will reduce public safety as the ever-threatening sex offenders have a freer hand to menace society.
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In the last sentence, the legal writing states that “will menace society”. It is a foregone conclusion that registrants will re-offense at a “frightening and high” rate if not supervised long after their punishment custody. Yet, where is the substantiated, statistical source for registrants to become an instant menace to society? Look no further than the 2003 SCOTUS decision.
Below in the comments section of the article, Vicki Henry refutes the fear mongering with Dr. Ira and Tara Ellman’s research work on the “frightening and high” information presented in the 2003 Smith v Doe SCOTUS decision. The Ellman’s research proved the 80% recidivism rate was conjured up by a non-professional with no background in social science statistics and the SCOTUS did not substantiate that information – passing it as law.
What I’m wondering about now is with all this information of very low recidivism rates, such as in California where it is recorded to be under 1%, that we can sue any entity painting registrants as monsters who cannot be controlled. Here, with this article, it shows emphatically to the WV Supreme Court that registrants are being painted as monsters waiting to re-offend at a moment’s notice once out of supervision. In a recent article in Yolo, California, over 60 officers from varying state agencies participated in a “compliance check” operation on 300 registrants and only found 2 out of compliance. That’s under 1% out of compliance – wait… is the compliance check being done on those no longer on probation? The article doesn’t specify. Regardless, it’s under 1% of being out of compliance and the stated used over 60 officers for that operation that was being heralded in the media – again, painted registrants as monsters who need constant supervision. Finally, we have the Coalinga hospital in California where the city is trying to negate the votes of registrants who are no longer under punishment custody. Now the city of Coalinga is essentially telling registrants that their vote isn’t on par of every other free citizen in their city – registrants aren’t equal to every other citizen.
These actions are cruel and unusual as no other sets of convicts share these actions. Two judges have already come out and stated the absurdity of the public’s action towards registrants in Colorado Judge Matsch and Vermont’s Judge Hoar. Matsch called the registry cruel and unusual because of the public. Hoar called out the citizens of city stating that you’re banning people b/c you think they’re a nuisance and that no other set of citizens would ever be subject to such an action is beyond him. Finally, we have a recorded public city meeting in Adelanto, California revealing how the public are more than willing to banish registrants and not treat them as equal citizens.
When will we put the SCOTUS on blast media wide for their use of false information in determining a decision?! In any lower case, the use of wrong information can be reviewed and the outcome changed. We have Dr Ira and Tara Ellman’s research. WAPO did a video of the people who were part of the stats the AG used for the 2003 Smith v Doe SCOTUS case and stated they had nothing to go by, but bits and pieces of stats not substantiated by any social scientists.
I would implore someone make a video of Chief Justice Roberts and his words that there is no stigmatization and the registry isn’t a hamper to anyone one’s life, then follow that up with all the stories of registrants being banished by the public on record from several states and revealing how being on the registry negates opportunities to be a part of society ( a Christmas Carol play was derailed b/c the lead is a registrant and an Oregon State collegiate pitcher was publicly dissuaded to play in the college playoffs once his background was revealed to the public).
We see now that the SCOTUS made it legal to make second class citizens as well as forcing free citizens to continue service to the state under penalty of law that is not punishment. All this can happen when people lose the equality of being a free citizen like any other free citizen.
Probation that is intensive and strict does not reduce recidivism.
This is from the state that has a huge Opiod crisis and loss of coal mining dollars. It is not like WV is flush with cash once Sen Byrd passed away. Not even Sen Manchin can recover it all. This guy is a chicken little at best while being a hack overall.