Madison School Board member Maia Pearson is scheduled to face trial in November on charges of disorderly conduct and resisting arrest, but prosecutors have offered her a deferred prosecution agreement that could resolve the case without a conviction. At a Wednesday hearing in Dane County Circuit Court, Pearson’s attorney, Darryl Watts Jr., said she needed additional time to review the proposed agreement. Judge Ellen Berz gave Pearson until Oct. 30 to accept it, provided prosecutors keep the offer open. Under Dane County’s deferred prosecution program, a defendant may avoid incarceration and a criminal conviction by complying with conditions set by the program. If Pearson does not accept the agreement, she could plead guilty, prosecutors could dismiss the charges, or the case could proceed to trial, Berz said. The charges arose from Pearson’s arrest on Dec. 19, 2025, after Madison police responded to a disturbance report at an East Doty Street business. Employees had reported that a car drove over cones in a loading zone. Police identified Brandi Grayson, CEO of Urban Triage, as the driver and Pearson as the passenger. The Dane County District Attorney’s Office later charged Pearson with disorderly conduct and resisting arrest. Grayson, who was arrested and charged in the same incident, pleaded guilty as part of a resolution that also addressed an unrelated case. Her agreement also allows her to avoid a formal conviction if she completes its requirements. Dane County District Attorney Ismael Ozanne said he could not discuss the status of Pearson’s case because it remains open. Pearson and Watts also declined to comment after Wednesday’s hearing. The case has drawn additional scrutiny because Pearson serves on the city’s Police Civilian Oversight Board, which oversees the Office of the Independent Monitor and makes recommendations concerning police discipline, use of force and department policies. Madison police initially concluded that the officers involved in Pearson’s arrest had not violated department policies or procedures. A later review by the Office of the Independent Monitor reached a different assessment. In a May statement, interim monitor Aeiramique Glass said officers had not properly communicated commands or the charges before arresting Pearson. Glass also questioned the officers’ use of force and the legal basis for the charges. “Resisting and disorderly conduct are not tools for retroactive justification,” Glass wrote, arguing that high-discretion charges should not be used to cover for questionable police actions. The monitor’s office said it would publish a full review, but no report had been posted by the time of the hearing. Glass did not respond to requests for an update. Police Chief John Patterson ordered the department to reopen its internal review after learning that officers had used profanity during the encounter. The department reviewed audio and video, reinterviewed officers and determined that one officer violated department policy by using profanity, spokesperson Yvette Craig said. The violation did not result in discipline, and the department has closed its investigation. Patterson has said he believed officers acted within their legal authority while expressing concerns and disagreements with the independent monitor’s review. Pearson was the School Board’s vice president when she was arrested. Another member took over that leadership role this spring, while Pearson remains on the board as treasurer. Her three-year term ends in April 2027, and the seat will be on the ballot next spring.