Janice’s Journal: Reaching the Goal of 100

It happened.  I have reached my goal of helping 100 registrants obtain a court order terminating their requirement to register.

That goal was met yesterday in Los Angeles County under the sweetest of circumstances when a Superior Court judge who previously denied a registrant’s petition granted the same registrant’s petition.  

The judge’s initial decision denying the registrant’s petition was flawed because it was based upon facts not in evidence.  That decision was also flawed because the judge acted as if he was still employed as a prosecutor and not an impartial trier of fact.

I was able to appeal the judge’s decision because I had a transcript of what the judge said in court including the basis of his decision which was a creative and adverse interpretation of my client’s offense involving one victim more than 30 years ago.  In addition, the transcript showed that the judge ignored the fact that my client had no prior convictions nor any subsequent convictions of any kind.

When I left the courtroom that day in February 2022, I made a vow to educate the judge by appealing his decision.  The appellate court ruled on that appeal two years later in February 2024, deciding that the judge did in fact make a mistake. 

Court rules required a delay until May 2024 when I returned to the same courtroom and appeared before the same judge.  The judge could have acknowledged he had made a mistake.  The judge also could have apologized to the registrant who was forced to wait an additional two years before he was free from the registry.

The judge did neither and instead stated that he was only signing the court order terminating my client’s requirement to register because the appellate court required him to do so.  In making that statement, the judge failed to take advantage of an opportunity to acknowledge his mistake and to take responsibility for the harm he caused my client.

Despite the judge’s behavior, the fact is my client is no longer required to register.  The fact is that he is the 100th person I have helped achieve freedom from the registry.

Now that I have achieved that goal, I am pausing briefly in order to reflect upon all of the 100 people I have helped obtain a court order terminating their requirement to register.  Of that total, only 14 petitions were objected to by a District Attorney.  And after hearings in those cases, all 14 of those petitions have been granted.  For the remaining 86 people, there was no hearing because the District Attorney did not object to their petitions.

Upon reflection, I have also noted that after two important appellate decisions – People v. Thai issued in April 2023 and People v. Franco issued in January 2024 – there are even fewer objections from District Attorneys.  That is because those decisions clarified that a District Attorney must prove that a petitioner poses a current danger to public safety.  Meeting this burden is difficult and therefore most District Attorneys are choosing not to object.

What’s next?  I could rest on my laurels after achieving my goal of helping 100 registrants obtain a court order terminating their requirement to register.  Or I could revise my goal to helping 200 registrants obtain a court order terminating their requirement to register.  I choose the latter. 

I vowed to be of service to the registrant community 15 years ago and one important way I do that is to help as many registrants as possible achieve freedom from the registry.  Until the day my services are no longer required because there is no registry.  I look forward to that day.

 

 

 

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Amazing step towards justice ….

Another LOSER Judge that shouldnt be on the bench Janice ! Add me to your 200 or 300 list soon (in the next year)…(the the 311 changes to 10 yrs)
Signed John Doe(1 of 2) vs City of San Diego (and we won !!) no more lame residence ordinances.(With the help of Janice)

God bless you, Janice, for your good works! So proud of you and so in awe of all that you do! Just can’t thank you enough! We all thank you!!!!

Knowing how very difficult, time-consuming, and emotionally draining it is to prevail in motions of any type in any court, to hit 100 wins, especially in this subject matter, is a truly awesome accomplishment. You are a remarkable human being and an amazing lawyer. Thanks, and very well done!!!

As one of the 100, you have my heartfelt thanks and my deepest gratitude Janice. It’s an amazing feeling after 25 years to be free of all the requirements.

You have singlehandedly changed the CA legal system to force DAs, et al, to do their homework in these cases, e.g. put up or.shut up. 86% initial non-objection rate in the first 100 is remarkable and hopefully only gets better in the next 100. Congrats Janice!

Thank you, Janice, for your continued pursuit of true justice for those who have paid their debt and wish to move on with their lives. May God continue to bless you with the wisdom and tenacity needed to continue this march!!!

Con grats Janice!
Any chance that you can help the folks on pc 290? There are a few of us that need your help.
thanks,
Tom P.

“… he was only signing the court order terminating my client’s requirement to register because the appellate court required him to do so.”

Really? In other words, he was following the law in the form of an order from a higher court, albeit reluctantly. Thank you Janice for having the persistence to force that public official back into his lane. Personal prejudices have no place on the bench. And congratulations to your client.

Go Janice, go!! I wish there were more fearless warriors out in the world like you. As always, keep up the great work.

Congratulations Janice, thank you for all you do. You represented me in Ventura County and next month will mark the first time in many years I won’t be celebrating my birthday at an unconstitutional criminal registration office. There is still much to do though, so I will continue doing what I can to support this organization.

Wow, Janice that is amazing. I wish I were in CA’s first two tiers and had the opportunity to be relieved of registering! I was a PC 288.2 “no post” (understood as “tier one” in 1997 — no personal info was posted on the internet) for 25 law-abiding years before the CA bumped me to Tier 3 in 2022.

I had to resign from my family’s business to protect their reputation, I also felt I should tell my renter/roommate, who promptly moved out and now I can’t find a job and savings is running out. All because of a single charge of distribution of adult pornography to a 16 yo in 1996.

I’ve never broken the law before or since. I’m not proud of that mistake but now I must register for life and everyone — friends, employers, neighbors, the fellow condo owner with whom I share a garage and extended family can find me on the internet. It’s terrifying.

Congratulations and THANKS Janice for your very diligent efforts for equity in Justice.

Please advise, my case is federal, I am on the Michigan registry. My attorney filed the 406 for removal and the Michigan federal judge signed the petition for removal. My attorney now says we need a signature from a Michigan State judge. Will the state police accept the signature of a federal judge ? I’m a tier 1 and it’s been 13 years since I registered. Please give me your opinion.

Janice, Thank you for all of your work and perseverance. Congrats on #100! There are not enough words of gratitude.

Congratulations Janice!! My husband would still be living the registry nightmare if not for the dedication to justice, fought for and ongoing, of Janice and ACSOL. Although not directly involved in my husband’s petition, petition denial and eventual successful hearing, she assisted us in getting the CADOJ’s slow wheels of communication between the state and local jurisdiction jump started after the petition was granted. We were very close to my husband’s annual registration date, and we wanted to be sure all the formalities were in place. Janice’s direct communication with DOJ made that happen and after nearly 29 years on the registry and exactly 19 years to the day after the Megan’s Law database was released to the internet, we could breathe and begin clearing the dark clouds from over us.
Forever grateful for Janice and her efforts as she continues the fight for those still affected by the registry.

Janice, our many thanks for your perseverance for the former, current and future People Forced to Register. Your efforts have allowed Jann and me to be writing to you from sunny Crete. Hopefully we’ll join you later today/night for the monthly phone meeting. Thank you again for your outstanding legal expertise and general human kindness.
J & J