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Competency and Mental Health Issues

The Involuntary Treatment Act Procedure for Non-ITA Practitioners (11.2019)

This Practice Advisory explains the two ways a person may be committed for mental health treatment pursuant Involuntary Treatment Act (ITA); what follows from a commitment, and the consequences of commitment including the loss of ...

NGRI – Release Following (10.2019)

This Advisory discusses the procedure for seeking conditional or final release following acquittal by NGRI and commitment following. It also includes the process for revocation of an NGRI conditional release.

Competency- Contesting Misdemeanor Restoration (6.2019)

This practice advisory discusses the procedure for contesting misdemeanor restoration and the use of forced medication in misdemeanor restoration. It includes updates from the 2019 legislation, ESB 5444.

Preparing Your Client with Accommodations Needs for DOC (8.2019)

This advisory discusses basic information about the transition to DOC to serve a prison sentence and offers tips for attorneys representing clients with medical, mental health or intellectual disability in need of accommodation.

Changes to Competency and Forensic Mental Health – 2019 Legislation (6.2019)

This WDA Practice Advisory provides and overview of the 2019 legislation implementing the Trueblood Settlement, ESSB 5444.

Accommodation: Client Needs Accommodation GR 33

This WDA Practice Advisory discusses the procedure and includes links to the form for seeking an accommodation for a client to access the courts pursuant to GR 33.

Suicidal Client – Ethical and Practical Concerns (2.2019)

This WDA Practice Advisory provides guidance on what an attorney can do when a client is suicidal. What can you share? What about competency?

Right to Proceed Pro Se – Competent But Mentally Ill Defendants (12.2016)

This practice advisory discusses the role of defense counsel when a client who is competent but mentally ill wishes to proceed pro se.

Competency – 2015 Legislation

The legislature significantly modified RCW 10.77 again in 2015 in an attempt to address competency delays.

FASD_ Legal and Practical Implications (05.2014)

This practice advisory discusses the legal impact of FASD on a case, including issues to consider, what is involved in an evaluation, and how to effectively communicate with the client.