Ending the Fee-based Diversion Program in Maricopa County
Briggs et al. v. Montgomery et al.
In 2018, we filed a lawsuit against Maricopa County Attorney Bill Montgomery and Treatment Assessment Screening Center, Inc. (TASC) for operating a diversion program that charges hundreds of dollars in fees to people accused of possessing small amounts of marijuana. The lawsuit alleged that they do this by threatening jail time, six-figure fines, and felony convictions if the participant does not pay, thereby trapping poor people in cycles of debt, and funding the Maricopa County Attorney’s Office (MCAO) and TASC on the backs of low-level marijuana offenders.
The lawsuit outlined how the diversion program was funded by fees charged to participants: 1) participants had to pay an additional $15-51 per week for random drug and alcohol screenings, which may be required as often as three times a week and 2) $650 of these fees went toward the budget of MCAO. Participants unable to afford their fees are treated differently by TASC and MCAO than their wealthy counterparts.
In 2024, the Court approved a landmark $2.6 million settlement:
- Each of the Named Plaintiffs will get a $40,000 service payment
- 150 class members are eligible for a settlement payment, with the median payment amount per class member being around $10,000 and the maximum payment amount around $26,000.
This case ended the practice in Phoenix of prosecuting people accused of marijuana possession only if they cannot pay fees to have their case dismissed, and it also sets precedent on the illegality of such fines and fees diversion schemes across the U.S. This litigation is also primarily responsible for putting TASC, the private company running the program, out of business.
Media Coverage:
Caught With Pot? Get-Out-of-Jail Program Comes with $950 Catch | New York Times | Aug 24, 2018
Maricopa County attorney sued over marijuana diversion program | AZ Central | Aug 24, 2018
Partners:
Covington & Burling LLP
Filings:
Settlement Agreement (April 6, 2023)
Second Amended Complaint (Sep 23, 2019)
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