I’m writing to follow-up on last week’s US Supreme Court decision to deny Certiorari (review) in the case of Commonwealth v Muniz. Since I sent out the last email we have had the opportunity to collaborate with the National Association for Rational Sexual Offense Laws (NARSOL) and they are eager to work with us to determine the best course of action. At this time, all agree that it is most prudent to move forward in a manner that is cost-efficient and to employ a legal strategy that will provide relief the greatest number of individuals on the PA registry.
In our desire to get information to you, we now realize that that we (the advocates here in PA) may have been premature in our advice regarding filing a PCRA or a petition for removal. These suggestions might well have the potential to be successful, however, filing your own individual action certainly will not be cost effective, and may actually be counter-productive. As such I’d like to ask each of you to consider holding off on filing while NARSOL works with us to sort this out. In addition to the guidance from NARSOL, it is our understanding that the Pennsylvania Defenders Association and the Pennsylvania Prison Society are also recommending that individual action be delayed for the time being.
Depending on the state’s position regarding how broadly they plan to interpret the court’s opinion, NARSOL is evaluating various legal options which include a class action lawsuit. In addition, NARSOL is planning a conference call in early February which will discuss the options in more detail. You will be informed in advance of the call and the plan is to take questions from the audience.