Federal judge amends decision on Michigan sex-offender list
By The Associated Press
06.26.02
LANSING, Mich. — A federal judge ruled yesterday that Michigan can register and track convicted sex offenders as long as it does not make the information public.
U.S. District Judge Victoria Roberts' order reversed in part her June 3 decision in which she ruled that the registry was unconstitutional because it lacks a way for people to challenge the government's claim that they are a danger to society.
Her new decision allows the Michigan State Police to keep the registry while the state appeals the original case.
"Law enforcement once again has all the tools necessary to protect our communities," Michigan Attorney General Jennifer Granholm said in a statement. "We intend to see that Michigan's families have access to those tools, too."
Michigan may have to wait for a decision from the U.S. Supreme Court, which has agreed to consider a constitutional challenge to sex-offender registries. The high court is considering a case from Connecticut, where a federal judge struck down that state's registry last year.
A former state corrections officer convicted of having sex with a female inmate and sentenced to two years of probation filed a lawsuit challenging Michigan's sex-offender list.
The state's registry was established in 1994 and made available to the public on the Internet in 1999. The American Civil Liberties Union of Michigan also challenged the law in 1999 but lost.
Kerry Moss, executive director of the ACLU of Michigan, called yesterday's ruling a "good decision" but added, "Our concern is that the law lumps together sexual offenders with Romeos and Juliets."
All states have laws requiring a list of sex offenders; Michigan is one of at least 20 that publishes names.