Judges, defense attorneys, and prosecutors all have a responsibility to raise the question of competency if it appears warranted, but defense attorneys face the greatest challenges in this regard. Defense attorneys are not mental health professionals, yet they are expected to recognize signs of serious mental illness. Moreover, when the defense attorney is uncertain about a client’s mental state, raising the question of competency can feel like jeopardizing the attorney-client relationship.
In many cases it is obvious when competency should be questioned–the disheveled individual who speaks unintelligibly, the disoriented person who doesn’t know what year it is, the elderly individual who asks the same question over and over. In such cases it is apparent that the person does not fully grasp reality, and requesting a competency evaluation feels like the right thing to do.
Unfortunately, it’s not always this easy. Signs suggestive of incompetency exist on a spectrum of subtlety. The client’s apathy or excessive agreeableness might give pause, while irritability or sudden hostility are harder to ignore. Bizarre or unrealistic expectations about the case will almost certainly raise questions. Even if the attorney has the feeling that something is amiss, the uncertainty can be difficult to overcome.
Historically, requesting a competency evaluation has meant delaying the legal process for months, and in many cases the defendant must wait in jail until the question is resolved. It is easy to understand why an attorney might consider foregoing a competency evaluation. Not only does the attorney have to reveal their concerns about the client’s mental health, but a final determination of competency makes the whole endeavor feel like a waste of time.
Fortunately, requesting a competency evaluation no longer needs to delay the legal process like it did in the past. The time required to get a competency evaluation should not be a factor in the decision-making process. Clients can be reassured that the evaluation will be timely and confidential. 1st Choice Competency Evaluations offers industry-leading turnaround times.
In an upcoming article we’ll explore the how clients tend to react when a competency evaluation is requested, and we’ll outline some concrete steps the attorney can take to maintain the client’s trust.