Ohio's new sex-offender law draws rebuke from judges

Summit judges to refuse to enforce provisions
1-24-2008 Ohio:

Akron - Summit County judges will join their counterparts in at least four other Ohio counties in refusing to enforce provisions of the state's new, tougher sex-offender registration law.

The eight judges of Summit's general trial division will act this week to either issue a stay to block all of the affected cases from moving forward or issue a preliminary injunction in each case they hear.

At issue are a host of potential contradictions and constitutional questions arising from the state legislature's attempt to comply with the federal Adam Walsh Child Protection and Safety Act.

Ohio is one of the first to raise its standards to comply with the federal law, which mandates that states act by 2009. But the federal government has yet to issue its final guidelines for adhering to the law. Other states have contemplated not following the federal edict, which could put them in line to lose grant money.

Ohio's law, which went into effect at the beginning of the year, changes the registration requirements for some sex offenders. The state mailed notices about the law to 19,000 offenders, one local judge said.

The law applies retroactively to people whose cases have been through the courts. Critics argue that the new law amounts to added punishment, which defense attorneys say is double jeopardy.

Summit County Common Pleas Judge Elinore Marsh Stormer, the court's administrative judge, said that in some cases, the courts, prosecutors and defendants had reached agreement on the levels of classification and reporting responsibilities, only to see the terms wiped away by the legislature.

The law has also been attacked because it requires juvenile sex offenders to register for life, and in some cases, have their pictures posted in Internet registries. The legislation would also put a financial strain on the law enforcement agencies that have to enforce it.

Summit County Common Pleas Judge Patricia Cosgrove said that offenders already required to register under the old law will still have to follow the terms of the old law until the matter is resolved by higher courts.

Stark, Licking, Van Wert and Warren counties already have taken measures similar to Summit's to halt enforcement of at least parts of the law, said Amy Borror, spokeswoman for the Ohio public defender's office in Columbus.

Lorain County Common Pleas Judge James Burge said the judges of his court are staying the reclassifications one case at a time, and shipping the cases to retired Cuyahoga County Judge William Coyne, who will hear them.

Borror said other counties have also taken a one-case-at-a-time approach. In Cuyahoga County, at least one Common Pleas judge and one Juvenile Court judge, have granted injunctions in cases. Lake County Prosecutor Charles Coulson said Tuesday said the justice system there will let higher courts sort out the questions about the law before it is enforced.

There have been 80 challenges to the law filed in the past week in Summit County, Cosgrove said. In Cuyahoga County, about 300 sex offenders have filed civil suits challenging their re-reclassification, Presiding Judge Nancy McDonnell said.

The state public defender's office has a form on its Web site that offenders can use to challenge the law. Borror said her office will help with the legal cost for those who can't afford lawyers.

Authorities in Stark County are hoping that the 5th Ohio District Court of Appeals, seated in Canton, will resolve the issue for the 14 counties in that district. Other judges across the state said they hope the Ohio Supreme Court takes up the questions, providing resolution for everyone.

Stormer said the problem is compounded because the legislature moved quickly, without consulting the sheriffs, prosecutors, judges and other state and county officials who would have to implement the new law.

"While the intent was to retain federal grant money underwriting many criminal justice programs, we have no idea how much it's going to cost to administer the new program, and to address the legal challenges," Stormer said. ..more.. by James EwingerPlain Dealer Reporter