No. 18-1111

James J. Kaufman v. Scott Walker, et al.

Lower Court: Wisconsin
Docketed: 2019-02-26
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-versus-punitive ex-post-facto fourth-amendment gps-monitoring judicial-review Lifetime-GPS-Monitoring Reasonable-Suspicion retroactive-application retroactive-law sex-offender sex-offenders
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

The State of Wisconsin (like several other states) enacted their lifetime GPS monitoring law for sex offenders in 2008 and made that law retroactive to offenders who committed crimes prior the enactment of the law. The GPS monitoring law imposes lifetime monitoring of offender movements, even after they have fully completed and discharged from the sentence imposed by the court. There is no judicial review or hearing prior to compulsory imposition of the lifetime GPS monitoring. There is no opportunity for an offender to argue or present evidence that they are not a "danger" or risk to the public.

A. The lower courts erroneously held, in conflict with the decisions of multiple other federal and state jurisdictions, that lifetime GPS monitoring of sex offenders, based on decades old convictions, and on the assertion that the offender "might" commit another crime at some unspecified future date, was reasonable under the Fourth Amendment.

B. The lower courts erroneously held, in conflict with the decisions of multiple other federal and state jurisdictions, that retroactive application of compulsory lifetime GPS monitoring of sex offenders was civil rather than punitive and did not violate Ex Post Facto doctrine.

Question Presented (AI Summary)

Whether lifetime GPS monitoring of sex offenders based on decades-old convictions and the possibility of future crimes is reasonable under the Fourth Amendment

Docket Entries

2019-10-07
Petition DENIED.
2019-09-17
Reply of petitioner James Kaufman filed. (Distributed)
2019-07-03
DISTRIBUTED for Conference of 10/1/2019.
2019-06-19
Brief of respondents Scott Walker, et al. in opposition filed.
2019-05-06
Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2019.
2019-05-01
Motion to extend the time to file a response from May 20, 2019 to June 19, 2019, submitted to The Clerk.
2019-04-18
Response Requested. (Due May 20, 2019)
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-21
Waiver of right of respondents Scott Walker, et al. to respond filed.
2019-01-04
Petition for a writ of certiorari filed. (Response due March 28, 2019)

Attorneys

James Kaufman
Adele Diana NicholasLaw Office of Adele D. Nicholasr, Petitioner
James J. Kaufman — Petitioner
Scott Walker, et al.
Karla Z. KeckhaverWisconsin Department of Jus., Respondent
Colin T. RothWisconsin Department of Justice, Respondent