If a statute is plain and unambiguous, the courts must give effect to the expressed statutory language. Municipal court diversion in a criminal case charging an alcohol-related offense is the referral of a defendant to a supervised performance program prior to adjudication. A diversion agreement is the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against such person dismissed.
Diversion is, therefore, a means to avoid a judgment of criminal guilt.
Inasmuch as no judgment of guilt is entered when diversion is granted, under the facts of this case, the district court was correct in finding that the municipal court judge had no authority to order the defendant to a period of jail confinement as a condition of diversion. An illegal contract is a promise that is prohibited because the performance, formation, or object of the agreement is against the law. It is the duty of courts to sustain the legality of contracts in whole or in part when possible. Courts may void only those portions of a diversion agreement that violate the intent of the legislature and order enforcement of the remaining provisions. Opinion filed March 9, 2001.