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NOTE TO DOCTORS AND DEFENSE LAWYERS

By William Gelin

I had a client in court today, deemed Incompetent to Proceed, by two doctors.  He did not qualify for hospitalization.  The forms were in order to transfer him to Mental Health Court, when the ASA announced he could not stipulate to the reports.  The ASA told the judge a new office policy required the State's mental health specialists to examine the reports, and they would make the decision, since the division prosecutors no longer have discretion in this area.The judge reset the matter to allow time for the State's specialists to make their decision.  The problem, of course, is that my client is now sitting in jail for at least another week.The State has the right to do this.  However, until a system is in place to accommodate the new procedure, clients will sit in jail for longer periods of time...continue to full post

Full post as published by JAABlog on January 31, 2008 (boomark / email).