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Competency and Mental Health Issues

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.

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.

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.