A U.S. district court judge is giving Michigan lawmakers 90 days to change the state’s sex offender registry law, almost three years after it was first ruled unconstitutional by federal appeals court.
U.S. District Judge Robert H. Cleland issued an order that the law must be changed on Thursday.
The ruling stems from an August 2016 decision by the U.S. 6th Circuit Court of Appeals in Cincinnati which found that Michigan’s Sex Offender Registry Act was unconstitutional. Full Article
Tread is spot on.
More head games , They could careless what and when they do it, If they even do , do it. Just another spin move by the state of Michigan .
So, for someone was charged at the age 14 as an adult, in 98, I’m hoping this means I will be off the list. My question would be, we unknowingly moved to close to a school and got a charge for that about 5 years ago,( NVR did time for original charge, but did for this….) if all this stuff passes would that make that charge go away? Since it stemmed for new laws that happened after the original charge in 98?
Hello Everyone,
(UPDATE)
I got an email back from Mrs. Aukerman today, an update if you will, I personally call it more dragging of the feet and kicking of the can down the street in my opinion. I’m just tired of the runaround we’ve been getting mostly from the Legislature a course, this info can also be found on The Michigan ACLU website under UPDATES. This info sounds like it’s going to end up going into next year in my opinion.
I am really curious what everyone else thinks about this update and if you all agree this will be dragged into next year, so anyway here is the update sent to me by Mrs. Aukerman.
UPDATE Aug. 21, 2019: This past June, Judge Cleland issued an order postponing briefing on the Doe’s II case for 90 days in order to give the parties an opportunity to negotiate reform policy that the legislature could pass. That 90-day period expired on Aug. 21, 2019 after which the parties had a status conference with the Judge to report on their progress. The legislative negotiations are progressing, and the parties will continue to negotiate with the expectation of a bill introduction for public input in September. Under an order signed by Judge Cleland, the parties will be responsible for a status update every 30 days. Briefing continues in the Does II case with the ACLU brief due in about a month, then the response from the state due four weeks after that.
I have given up hope on the whole legal system, 30 grand on a lawyer that wanted another 30 grand to go too trail. Plea out he says.,
Lost a 1 million dollar business because the city said it was in a school zone. (not the state)
Lifetime GPS after a technical violation that the probation officer asked for 3 days for, the judge sends me to prison even after passing a polygraph that I had to pay for!
Done with lawyers done with the 11pm knocks on the door for a compliance check. Really? I where a GPS and you need too see where I am? This system is a joke. Better off in prison 3 meals, no stress, no drives to police station 4 times a year, no lifetime GPS fees no yearly fees…
Next time they knock on door they can pound sand I am done.
@ john … I feel you they are some ruthless dirty corrupt @zz wipes , They have done this to over 45,000 men and women in this state with no rime or reason , They deserve nothing less then to feel half the pain they have caused so many of us . Its time we all set a march , storm protesting in front of their buildings and offices … call all news outlets many times a day call governor ..a.g senators , all elected officials . This is one of the untied states biggest civil rights violations our era has ever seen , They make these laws to hang us before we ever had a chance at a fair trial, scare many of us into plea deals or they throw the book at you with no evidence , no proof and most times not even a day or time. These law makers are some of the most dirty mofoers . Its sad to see that in 52 states 1 million men and women are on this sex offender registries ????? Are you joking me ?? Its so sad to even believe yet alone understand , That they got away with all this with false studies in the first place , Its true they applied unconstitutional laws to most of us with out due process , with out a judge or a jury even hearing our sides of this B.S…. Why ?? mostly because of our geological locations or situations … Most of us were poor and couldn’t afford a lawyer who would fight for our rights. These sex crimes need no evidence to convict someone its sad…but very true …the law makers have amended these laws to hang a man before he ever has a chance .In America it is the right to be innocent un tell Proven guilty beyond a reasonable doubt , Not with sex cases in Michigan you are Guilty before you even step foot into a court room . Its Sick and I hope one day the 45,000 people and families affected by these unjust laws rise up and show them we have had enough of their B.S.
P.s ….One of the things these fools fail to realize is …….In large numbers….Comes Great Powers !! We need to stop hiding behind their B.s lies and one line lists and Rise up together ..use the numbers they have given us to rise up and demand changes . We see the judges are not on our side , the run around has been going on for 25 years they have had plenty time to fix there B.s . Its crazy to think they can do this sh%t to us in a stroke of a pen , And demand we comply or be jailed , But we prove in a court of law they are punitive and unconditional , And they want to say , ok…..now lets negotiate ?? Really ? Wtf is that B.s all about? Where are the lawyers ???? Does anyone see the violations ? Why no law suits ???? Wtf is going on it feels like some twilight zone sh%t . I know I am not the only one who feels this way… am I ??????
One thing that really needs to happen is some sort of “Million man march” on Washington DC to protest these laws. Think about it a million strong group with their families protesting and having speeches by lawyers and personal accounts (that would be on national and international television) Point out how these laws mirror what the Nazis did. Point out how they’re ex post facto and keep piling on new overbearing laws, point out the real recidivism rates, and point out how all of these laws affect families. The bottom line is if such laws must exist, they should only exist while on probation or parole. After that, you’re supposed to be free from custody and that’s how you should be treated!
I have an idea. Why don’t they get rid of the useless and ineffective sex offender registry and use the million + dollars per month they are spending towards something positive here in Michigan? One idea would be toward fixing the roads. Then Gretchen Whitmer wouldn’t need her 45 cents gas tax. After all, they did get more than a billion dollars in gas tax a few years ago. Right now, every month that they keep this unconstitutional registry in place, that means millions lost, doesn’t it?
Yes ! I agree, Its crazy how much they tricked the public into believing their false studies and lies then using these unconstitutional laws against the people , All the way its been lie after lie , Yet they know the truth we know the truth and still they continue to apply these laws to us. Its such a joke that no civil right lawyers haven’t taken a lot of our cases, I believe we can prove pretty easy these laws were and still are applied unconstitutional to a large number of us on these registries . They used the Alaska law to justify it wasnt punitive but continued to amend it every six months applying punitive amendments and forcing us to comply or be Jailed. They also applied it retroactively to many of us many years after we were sentenced . I believe someone needs to start a list of all them and their families and put their pictures and private info on line for ever “LIFE” How would they like to see their kids wives moms info all over the internet ???? Its a true shame these judges allow these politicians to write and apply these unjust unconstitutional laws. But one thing they had better remember is Bad laws create ….Precedent to CASE LAW ! Well see very soon where this B.s will lead for many other cases. I truly believe we all need to protest on the steps of the capital set a 45,000 registry march , S%@t WTF do we rally have to lose. ???
P.s when they got away with throwing me onto this unconstitutional registry like thousands of others in Michigan 2 years after my sentence of 1 to 3 years MAX ! In 1992.. they only got away with it because they said it wasnt punitive …. At that time 1995 when this list was created it was a private list no one seen it ! it even stated that when the law was written ????? Private for law enforcement only .It also stated they could be held accountable if they shared it with anyone else let alone all over the F%@#n internet for the whole world to read , Then they started doing what they do best …. Amending it into a punitive barbaric life altering punishment for years and years un tell 20 years into the hell they send me a LIFE sentence in the mail ???? Like many many others, I feel everyone’s pain daily , Yes they did its been a life of punitive pain and damage to myself and my family, I am sick of their B.S . They need to be held accountable by all the peoples lives they have affected punitively with out due prosses applying punishment to someone after a sentence in America is “Illegal and still unconditional last time I checked. Their laws they use to apply these sex offences to people are a joke as well , No proof , No nothing and your who life can be taken away with a stroke of a renegade judge wrist , who supports these corrupt politicians and their ways because (he or she) wants to be re elected .
I always write …(under protest forced) next to my name or under it. When I am forced ex post facto and unconsitutanaly to go down four times a year to give these jack asses my John Handcock , I
Always look the scared little cop in the face too, that’s hiding behind that 2″ glass, Always ! I have copies for when the day comes these Bullies get what is coming to them . Just because were poor, doesn’t mean we cant be smarter then these reject politicians writing these unconstitutional laws . I also love the way they creep up to my door in the late night hours as they are “Trespassing” on my property that I own and pay taxes on .I always say what are you doing here , I am not on no paper, Donnt you know you are trespassing … Please leave NOW !
I am not on the sex offender list, but someone close to me is. He was put on the list at the age of 14. It was supposed to be for 25 years. Then they changed his sentence to life a few years ago. No new charges, just more laws. He is still the most positive person and tries to remain optimistic about his future.
I think is is shameful what lawmakers and the courts are doing to the people on the sex offender list. They have been dragging this out for years. They give people hope, and then it just never seems to end. I noticed they will eventually want public input. I doubt the public will want to end the sex offender law. Politicians will want to get reelected. Now we are in a 30 day wait and likely another 30 days and on and on……
I have been on this list for 17 years. I was placed as a tier 3 offender for a misdemeanor offense which I did not even commit. This is a total joke. I tried 3 years ago to get the charge removed and the judge just said denied, he gave no reason and my lawyer was useless. I would like to sue this state for everything they have. Also try googleing your name and see what comes up. I tried this and my name popped up as a sex offender. Somebody I know found this out and thinks I am a terrible person and upset my family. This is a total invasion of privacy. I was wondering how you remove your name from google search? I hope somebody knows. This new list whenever it comes out better remove my name as I am sick of this total travesty. I too get a knock on my door every year to see if I am home. What are they going to do if I am not home, track me down, this really upsets my family.
Take it for what it’s worth, this was posted on pacer. Personally I’m disgusted at both the ACLU and the judge in this case:
STIPULATED ORDER Setting Briefing Schedule Pending Legislative Action to Replace or Amend Michigan’s SORA. Joint Status Reports shall be submitted every 30 days updating the Court on the status of legislative negotiations regarding the amendment or replacement of Michigan’s SORA. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 08/27/2019)
Here is the full text of the order:
On May 23, 2019, this Court entered declaratory relief on the plaintiffs’ motion for partial summary judgment, but deferred entry of any injunctive relief for 90 days. See ECF #55, Order Granting Declara- tory Judgment and for 90-Day Deferral of Decision on Injunctive Relief to Provide Opportunity for Legislative Resolution. The purpose of the delay was to give the Legislature additional time to replace or to amend Michigan’s Sex Offender Registration Act (SORA), Mich. Comp. Laws
§ 28.721 et seq., in light of the Sixth Circuit’s decision in Does #1-5 v. Snyder, 834 F.3d 696 (6th Cir. 2016).
The parties report that while a working group of state stake- holders has made significant progress on proposed new legislation, no replacement or amended law has yet been introduced. Nonetheless, the 90 days contemplated by this Court’s May 23, 2019, order (ECF #55) having elapsed, and pursuant to the terms of that order, the Court now orders as follows:
1. The parties shall file briefs addressing the central issues of the case as framed by the parties, including, for example:
2
(a)
(b) (c)
Whether the 2011 amendments can be severed from SORA, and whether, if the 2011 amendments cannot be severed, the statute is null and void as applied to people who are subject to registration based on offenses committed before April 12, 2011;
What remedies shall be ordered in this case, and to which subclasses those remedies should apply;
Whether there are issues of state law that should be certified to the Michigan Supreme Court for decision, or whether this Court should decide those issues.
2.
of the May 23, 2019, order concerning whether the declaratory judgment and any subsequent injunctive relief shall apply to the class members listed in that paragraph 2. The parties have apprised the Court that they wish to focus the current briefing on the questions listed above, and defer briefing on who is covered by any relief this Court may order until after the Court determines what relief is appropriate.
3. The parties’ briefs shall be due as follows:
Plaintiffs’ brief: 28 days from the date of entry of this order; Defendants’ response: 28 days from the filing of plaintiffs’ brief; Plaintiffs’ reply: 21 days from the filing of defendants’ response. 4. The plaintiffs may, but are not required, to brief whether
this Court, based on its earlier rulings in Does 1-5 v. Snyder, 101 F. 3
The parties need not brief the question listed in paragraph 2
Supp. 3d 673 (E.D. Mich. 2015) and Does 1-5 v. Snyder, 101 F. Supp. 3d 722 (E.D. Mich. 2015), should grant summary judgment on Count I (Vagueness), Count II (Strict Liability), and Count III (Violations of the First Amendment) of Plaintiffs’ Second Amended Complaint (ECF #34).
5. The parties shall submit joint status reports every 30 days updating the Court on the status of legislative negotiations regarding the amendment or replacement of Michigan’s SORA.
What I don’t get, is it was ruled unconstitutional because you are in essence being punished twice for a crime. Hell, murders don’t even have a list, most of us are innocent and was talked into taking a plea bargain, why has it not been dissolved completely?
Re-post from the General Comments sections. Recent NPR interview with Ms Auckerman
https://cpa.ds.npr.org/michigan/audio/2019/08/SS_20190829_Aukerman_Sex_Offend_Registry_Update.mp3
Hey everyone,
I just got this recording in my email, it was sent to me from FAC, so I thought I would share it with everyone to listen to and get your thoughts on it. Just hope the link works correctly. Also for people who are dumb like me what does all that legalese stuff mean that @Gary posted about the order.
Here is the link I got from the FAC: https://cpa.ds.npr.org/michigan/audio/2019/08/SS_20190829_Aukerman_Sex_Offend_Registry_Update.mp3
I want to know why we cannot own a gun when my crime was not committed with a gun, why can`t they see this another violation of my right to bear arms?
Hello Everyone
I was just wondering if anyone has heard any news or updates on the progress of the Legislature and the registry, I tried asking the ACLU, but you can never get a straight up answer from them, except for progress is being made, does anyone know if they meet last week or is it suppose to be this week.
I checked in last week with my local cop shop, it was an easy in and out, just copied my license and she just asked any changes since you were last in, and I said nope, she said give me a minute she put the info in the computer, and I signed my copy and out the door I went, probably 5 minutes tops.
So if anyone knows anything about the progress or if they meet last week, or if it is this week please let me , this trying to be patient and everything is starting to get ignoring, especially all the excuses from the ACLU and their telling all of us, we are getting close and progress is being made please stay compliant and be patient.
I wouldn’t hold my breath that’s for sure , I just hope they get their Asses handed to them for forcing and enforcing unconditional laws knowing they are punitive, and applying them to thousands of its citizens, in many cases ex post facto and in many cases years after a conviction ,and everyone knows you can not apply punitive punishment to anyone in this country with out a judge or jury to apply it , Also I was always told that if a politican up holds a law knowing its unconstitutional should be forced out of office???? These jack asses have retroactively applied these barbaric unjust laws to so many, unfairly and unjust .I hope they reap what they sow . Dirty Bastards ! Now they are also trying to pull some bulls%$t laws to allow anyone to expunge a felony ….Except sex law bulls%$t ,they have pinned on thousands with out a time a day a fockin year in some cases on almost a million Americans . So the laws they need least proof to pin on a man, they will never allow him to ever be free ….I was sentenced to 1 to 3 years in 1992 here 28 years later still getting screwed over by them, they dirty mofors !
I emailed one of the reps last week who stated that they hope to get this passed before end of the year. In the end, it will be up to the Legislature to pass it. I was advised that if the legislature does not pass this by the end of the year, then it will most likely have to go back to the district court in front of Judge Cleland to get litigated, and since this will involve the Michigan Supreme Court (which Judge Cleland did ask if the Michigan Supreme Court should weigh in), I was advised it could possibly take an additional two years of litigation to get this resolved, IF the Michigan Legislature does not pass this bill by the end of the year. Due to 2020 being an election year, they will not touch it during that year (for obvious reasons). Therefore if the legislature votes, it will have to be by years end. There’s only so much the ACLU can do. It will be up to the legislatures to pass this.
The point is that there needs to be pressure put on your local legislatures. I would just caution not to approach them in an Irate way (as that will not help at all, but just letting them know how you are constantly affected by the registry. I am in constant communication with my legislator and it can help.
There was a news article posted on September 10th addressing the Michigan deadline. Here is a line that confused me A LOT!
“Lawmakers have not acted because no changes have been suggested by the task force charged with addressing the judge’s orders, state Senate Judiciary and Public Safety Committee Chairman Pete Lucido, R-Shelby Township, told The News. That’s despite the Aug. 21 deadline for change having come and gone.”
If that’s the case, then what in the HELL have they been doing all this time????and especially the past 90 DAYS???? I thought the “Task force” (that met every week) was suggesting the changes to make to Sora with some type of agreement in process. This rep is on the senate judiciary committee. What in the hell does she mean “No Changes have been suggested”?????
Enough of the games, an Injunction needs to be requested NOW!
Article Link:
https://www.thealpenanews.com/news/local-news/2019/09/lawmakers-miss-deadline-to-change-sex-offender-registry/
@ John,
Well I read that link you shared, and after wards I emailed Tim from the MI ACLU, and asked what is going on with the registry, and I also sent him that link and asked him if what the article says is true.
I’m getting so frustrated, about the whole thing, 27 years of being on this thing, especially when there was no registry in 1992 when I was convicted is getting really ridiculous, I don’t get what the hold up is, the judge needs to step in now and order an injunction ASAP in my opinion, or this entire thing is just going to drag into next year, because it’s an election year.
if I do hear from him soon, and if he does say something, I will let everyone know what he has to say by posting it right here for everyone to read. This entire thing is turning into a big joke and the Legislature is in control of the punch line.