ACLU sues Kansas county prosecutor over diversion policies

June 8, 2018

TOPEKA, Kan. (AP) — The American Civil Liberties Union is suing a southeast Kansas prosecutor over what the group says is his improper failure to offer diversion agreements to enough offenders.

The ACLU filed its lawsuit directly with the state Supreme Court asking it to order Montgomery County Attorney Larry Markle to revise his office’s policies on handling cases involving first-time offenders or others charged with low-level crimes.

The ACLU lawyers filed the petition on behalf of a nonprofit group that provides services to the former inmates and an Independence resident who was not offered a diversion agreement after being arrested in 2017 for misdemeanor theft.

The lawsuit alleges that Markle is not following the state’s law on diversion agreements.

Markle did not immediately respond to an email message Friday seeking comment.

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