DONATE

Resources

Home > Practice Advisories > Competency and Mental Health Issues

Competency and Mental Health Issues

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.

FASD- Understanding and Recognizing (05.2014)

This practice advisory provides and overview of Fetal Alcohol Spectrum Disorders as well as identifying characteristics of FASD for clients or case facts.

PTSD-Legal Issues with Clients Impacted by Trauma and PTSD

This advisory discusses the legal, strategic and practical issues in cases when representing clients who have witnessed or experienced a traumatic event or who have PTSD.

PTSD- Tips for Effective Communication

This advisory provides practice tips for effective communication when dealing with a client or witness who has witnessed or suffered through a traumatic event or been diagnosed with PTSD.

PTSD-Understanding Trauma and PTSD

This advisory provides an overview of PTSD and acute trauma for cases involving clients or witnesses who may have suffered or witnessed a traumatic event.

Competency- Evaluation Delays-Outside Expert

ESSB 5551 authorizes the court to appoint an outside expert when DSHS has missed the “performance target” in more than 50% of the cases in the last quarter.

Competency – Duty to Raise (04.2013)

Defense attorneys have an ethical duty to investigate and raise competency when concerns exist, even when their client opposes them.

Competency-Right to Defense Expert

The defense has a right to a defense expert at the inception of competency proceedings, and in some instances you should consider obtaining a defense expert before raising competency with the court.