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By James H. Bailey

HUNTSVILLE, Alabama The Supreme Court on Tuesday declined to hear an amicus brief by five Alabama professors warning that the Department of Justice should continue to prosecute sex offenders convicted at the state level. Their arguments and conclusions were based on a 2009 ruling by the United States Supreme Court which ruled that sex offenders convicted at the state level can be held criminally responsible for crimes committed at the state level by sex offenders.

The decision, by U.S. Circuit Judge Gary M. Bensch Jr. in Montgomery in 2009, set aside an earlier ruling by the U.S. Supreme Court that said some sex offenders must be held criminally responsible for crimes committed at the state level by sex offenders. It found that some offenders can be convicted under the statute of limitations for crimes carried out in a single state under their jurisdictions.

They argued that the U.S. Supreme Court did not require a defendant’s federal admitted sex offenders to pay for his or her crimes. Bensch ordered the Department of Justice, which is under the leadership of George W. Bush, to develop a criminal task force to investigate sex offenders. But with Justice Clarence Thomas, a federal appeals court justice, in the background, some of the experts at the Alabama Institute of Technology and the Alabama Institute of Technology argued that Thomas’s order could not be read as a law to enforce advisable standards.

While this is certainly an admirable ruling, the ruling does not mean that all sex offenders must be held responsible for minor offenses and indeed those minor offenses could not qualify as serious crimes without a good cause, said Richard L. Williams, an attorney for five of the professors in the amicus brief. He described the Justice Department’s refusal to do this as the unnecessary and potentially dangerous step it must take to ensure that the Alabama judges are well represented.

The amicus brief states that while it was troubling to learn about the extent of their recent criminal convictions and their conviction based on the failure to seek and prove their crimes, the Alabama state judges have shown that they are not able to do their job in providing due and proper supervision to all defendants who have done their jobs and have also been convicted of some of the more egregious offenses.

When a federal prosecutor or federal prosecutor takes a case seriously, it is vital for judges to carry out their role as the judge and act decisively in

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