11-11-2010 Arkansas:
LITTLE ROCK — The state Court of Appeals today denied an attorney general’s request to reconsider its September ruling that a convicted sex offender did not violate state law when he took a job at a Pine Bluff daycare center.
Attorney General Dustin McDaniel’s office said it may ask state lawmakers to change the law.
Without comment, the appeals court rejected McDaniel’s request for a rehearing in the case of Joe A. Newman, a Level 4 sex offender who was hired to do carpentry work at a daycare center.
A Jefferson County circuit judge revoked Newman’s probation after Newman’s probation officer learned in 2008 of the job.
Newman appealed, arguing that he did not violate a state law prohibiting Level 3 and 4 sex offenders from taking paid or volunteer positions that require direct interaction with children.
The Court of Appeals affirmed the lower court decision, ruling in September that Newman did not violate the law because his job did not involve interaction with children.
McDaniel said last month that the court should have considered “the Legislature’s clear intent to keep convicted sex offenders away from our children.”
In addition to filing a petition for rehearing last month with the Court of Appeals, McDaniel petitioned the state Supreme Court to review the case. The high court has not yet ruled on the request.
“We are considering a potential legislative fix to this issue if the Supreme Court does not reverse this decision,” Chief Deputy Attorney General Brad Phelps said today.
Phelp said he did not believe the attorney general’s office had approached any legislators yet about filing legislation in the 2011 session. The session begins Jan. 10. ..Source.. by John Lyon, Arkansas News Bureau
Showing posts with label Day Cares - RSO Contact w-Kids. Show all posts
Showing posts with label Day Cares - RSO Contact w-Kids. Show all posts
November 11, 2010
Court won’t rethink ruling on sex offender’s daycare job; AG may seek law change
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