Fed. judge addresses challenges to statutes

1-23-2010 Nebraska:

On Thursday, U.S. District Court Judge Richard Kopf consolidated the actions taken by various attorneys across the state to challenge the constitutionality of the new sex offender statutes that took effect Jan. 1.

During the teleconference with the involved parties, at least two attorneys attempted to argue that the case should be moved back to state court. Kopf had earlier warned state courts of federal interference and vacated a temporary restraining order to the new law filed in Lincoln County by Robert Lindemeier and signed by Lincoln County District Court Judge John Murphy.

Kopf reaffirmed his ruling on Thursday and denied the motions, but also reaffirmed previous rulings that allow the entire case to move forward in the litigation process. He also upheld motions restraining the state from enforcing two key aspects of the new law: A rule allowing law enforcement officials to perform a search and seizure of a sex offender's computer equipment at any time and another barring of sex offenders from joining any social networking sites.

"Yes, that's part of it," said Lindemeier. "But that's only part of the whole thing that we feel is unconstitutional, which includes the new standards of registry requirements."

In the meantime, the new registration requirements are still in effect after Kopf's ruling, as well as the new law that allows the public posting of all sex offenders regardless of threat level.

Also in his rulings, Kopf noted that he would no longer be the judge in the case as it moves forward. New U.S. Magistrate Judge Cheryl Zwart, who took office in November, will hear the arguments. Kopf set a deadline of Feb. 8 for the state of Nebraska to answer the plaintiffs.

Folks, do not be misled, all Kopf has done is assign a Magistrate to handle the guts of the case. She will ultimately render a Report and Reccomendation, but Kopf is still in control. Kopf is likened to the boss of all those under him (Magistrates) on this case.

Lindemeier said the state would likely file several motions of its own and that the actual argument that will test the constitutionality of the new state law could still be months away.

Omaha attorney Stu Dornan has been deemed the "lead case" of the lawsuit challenging the new laws. Lindemeier's case and others have been termed "member cases," but all of the attorneys will get their opportunity to argue their individual points.

"Most of us have the same issues," said Lindemeier. "When we are addressing those points, we will simply submit our arguments as previously addressed, but if we feel the need to make a point that we feel hasn't been addressed then we will get that opportunity."

The attorney general's office is handling the defense of the law, with its primary responsibility being to defend challenges to the state constitution. Attorney General Jon Bruning called Dornan an "apologist for sex offenders" in a recent interview with an Omaha radio station. He also referred to Murphy as a "piece of work" and "rabble rouser".

Nothing like lawyer bashing because he is representing the rights of sex offenders! Further, in reality, if these laws are declared constitutional, then this becomes the FIRST crime type to be so controlled, who will be next?

A grievance against Bruning has been filed and attorneys argue that Bruning's comments are not protected under free speech. According to the Nebraska State Bar Association's code of ethics, lawyers practicing in the state of Nebraska are restricted from commenting on judges and their rulings. ..Source.. Mark Young