Congressman Biggs Introduces the Monitor Accountability Act

WASHINGTON, D.C.- This week, Congressman Andy Biggs introduced The Monitor Accountability Act to set clear rules for courts' use of federal monitors. The bill responds to the Maricopa County Sheriff's Office (MCSO) monitorship, appointed in 2013 and expanded repeatedly despite near-total compliance. The Department of Justice has acknowledged the county's progress and supports ending the monitorship.

Since 2013, three Maricopa County sheriffs have implemented the court's mandated reforms, yet the monitor has added new demands far beyond the original ruling. Taxpayers have absorbed nearly $350 million in costs, including more than $32 million paid directly to the monitor and his firm. The prolonged intervention has also worsened deputy attrition and recruitment challenges, affecting MCSO's ability to serve Maricopa County.

"I have watched the consequences of these federal monitors up close and personal in Maricopa County for over a decade," said Congressman Biggs. "The federal monitor's continued existence in our county and propensity for moving the goalposts from his original charge only serves to exploit taxpayers and undermine the brave work of the men and women who serve our communities - and this is only one of dozens of similar arrangements across the country. It's time for Congress to take back the reins from rogue judges and monitors who have exceeded appropriate bounds. That's why I've introduced the Monitor Accountability Act to protect taxpayers and public safety."

If enacted into law, the Monitor Accountability Act would require federal district courts to follow common-sense rules when appointing monitors to oversee state or local government agencies. This legislation includes the following terms:

• Term limits: Monitors may serve no more than five years and cannot be reappointed under the same court order, preventing long-term control by any single individual.
  
• No revolving door: Successive monitors cannot come from the same law firm or employer, ensuring independence.
  
• Fee caps & transparency: Monitor compensation is capped and courts encouraged to require pro bono or reduced-cost work to control costs and ensure transparency.
  
• Public input: Courts must announce the proposed monitor and allow public comment before appointment.
  
• Off-ramp for states / localities: A monitorship may only be extended if the state or locality has not achieved substantial and sustained compliance, preventing open-ended oversight.
  
• Judicial transfer: After six years, the case must be reassigned to a different judge to avoid prolonged control by a single court.
  
• Retroactive fix: Immediately covers monitorships older than six years, including Maricopa County, triggering required replacement of both monitor and judge.

"Congressman Biggs's Monitor Accountability Act will bring much-needed oversight to the practice of court-appointed federal monitors," said Cochise County Sheriff Mark Dannels. "We've seen this problem first-hand in Arizona: Maricopa County has been the victim of a rogue monitor for more than 13 years, costing taxpayers hundreds of millions of dollars and shifting resources away from keeping the community safe. This bill will correctly re-prioritize law enforcement over the financial interests of monitors exploiting the system."

In February, Congressman Biggs chaired a House Judiciary field hearing in Phoenix highlighting the detrimental impacts of the MCSO monitorship. You can watch the hearing here.

The Monitor Accountability Act will be marked up in the U.S. House of Representatives' Committee on the Judiciary on Wednesday.

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