Sweeping changes in the Kansas Offender Registration Act (“KORA”) were passed in 2011. The impact is dramatic. What was a ten year registration period has become 15 years, 25 years, or even
lifetime for some offenses. Registration is more than mailing in a form. It now requires in-person reporting, potentially in multiple counties, four times per year. Each reporting costs money. And there is no way to end registration early.
The Kansas Attorney General believes the new registration requirements apply even to those who were convicted before the new law took effect. Our attorneys are fighting the retroactive application of new registration requirements because we believe it violates the Ex Post Facto Clause of the United States Constitution. On behalf of our client, a Kansas registrant, we have filed a civil suit requesting a ruling that the KORA, as amended by 2011 Senate Bill 37, cannot constitutionally be applied to an individual convicted and sentenced before July 1, 2011. While not guaranteed, success in this lawsuit should result in the same relief being afforded to similarly situated KORA registrants.
The lawsuit is being aggressively defended, and the cost is exceeding our client’s original expectations. He is now seeking help in paying the costs of the lawsuit from individuals who may
benefit from his success. Below is a link to a Donor Disclosure Statement and a letter from our client to Kansas registrants. If you would like to contribute to his efforts, you may do so by the process outlined in the Donor Disclosure Statement. All donations are handled through a trust, so you can be assured that your funds will be used for only this case.
Donors are welcome to follow the case on this page of our website. Links to significant filings are provided below. This page will be regularly updated with the latest filings to keep donors apprised of the progress and status of the case.
Update (as of June 23, 2015):
As more time passes since the Kansas Supreme Court heard oral argument in Doe v. Thompson, et al., Joseph Hollander & Craft has received an influx of calls from individuals who are curious about the status of the case. No decision has been issued yet, and we do not know when the Court will rule on the matter. We will post the decision when we receive it, but we will not have any notice in advance.
Many callers are also curious about what legal representation the firm offers with regard to registration issues. For ease of reference, our services are outlined below.
Although the firm will not be pursuing any more civil suits while Doe v. Thompson, et al. is pending before the Kansas Supreme Court, the firm still actively defends individuals charged with crimes that require registration and individuals charged with registration violations. This criminal defense work is billed at hourly rates; retainers are set on an individual basis.
The firm also offers consultation on Kansas offender registration issues. Our consultation work (including document review, research, answering individual questions about registration requirements, and communication with KBI as necessary and/or desired by the client) is billed at hourly rates ranging from $250 to $350. The minimum fee for consultation work is $1000. The $1000 must be paid to the firm before any consulting work will begin. The minimum fee is not a retainer (funds will not be returned if total hourly work does not amount to $1000) nor a flat fee (fees are not capped at $1000).
If you have been charged with a registration-related crime or are interested in consulting with one of our criminal defense attorneys regarding your registration obligations, call Joseph Hollander & Craft in Wichita 316-262-9393, Topeka 785-234-3272 or Lawrence 785-856-0143.