Friday, September 19, 2008
Contact: Bob Brammer, Iowa Attorney General’s Office, 515-281-6699
State Seeks Stay in Pierre Pierce Probation/Travel Matter
The Attorney General’s Office filed a Motion for Stay late Thursday at the Iowa Supreme Court. [Go to Motion for Stay.]
On Sept. 10, the Dallas County District Court issued a ruling allowing Pierre Pierce to travel to France and live there while he plays professional basketball. The Motion for Stay states, “There is statutory authority which provides for an individual on probation to have his or her supervision completed in another state. However, there is no known statutory authority which would allow an individual probationer to have his or her supervision completed while outside of the United States.”
The motion states, “The result [of the District Court ruling] is that the State of Iowa and the 5th Judicial District Dept. of Correctional Services is required to monitor the behavior of Pierce with no effective means to carry out such supervision.” The motion said it is an “illusory prospect that supervision can be completed by Pierce checking in via telephone or letter while in another country.”
The Motion for Stay asks the Supreme Court to stay the district court’s ruling, determine that international travel by probationers be prohibited, or allow the question to proceed as an appeal.
Later on September 19, 2008, the Iowa Supreme Court issued an Order granting the request for temporary stay of the district court’s orders in order to review the matter. [Go to Supreme Court Order 9-19-08.]