In upholding Franklin’s tough ordinances restricting where sex offenders can live or congregate, Milwaukee County Circuit Court Judge John Franke demonstrated, in this day and age, great judicial restraint.
Here’s what I mean.
Remember, Franke is a liberal judge who has ruled in favor of sex offenders in the past.
Quoting from the 30-page decision by Franke, the judge writes (points in parentheses are mine):
“The defendant (Steve Hanke, a convicted sex offender who moved into Franklin within 600 feet of a middle school in clear violation of the city’s ordinances) repeatedly invites me (Franke) to consider the wisdom of the Franklin ordinances, advancing evidence and arguments as to why the ordinances are bad public policy. However, although three of the constitutional issues raised by the defendant require that I consider whether there is a rational connection between a law and a legitimate public purpose, this does not entitle me to determine whether the law is a good idea. A legislative body determines whether the benefits of a law outweigh its costs. A court determines only whether the law is valid in light of other laws the court has the obligation to apply. Legislation need not be wise to be valid.”
Translation: Franke could have legislated from the bench, but didn't.
All the more reason to praise and thank Judge Franke.
And again, tremendous gratitude to everyone involved in crafting the ordinances that Franke upheld.
Want complete details on this story, the most important Franklin story of the year and one of the most important in the entire state in 2008? Here they are.
