When a case is filed in court an inquiry is typically made regarding the defendant's financial ability to retain an attorney.  If the defendant is found to be indigent, an attorney is provided.  If the defendant is found to have sufficient financial resources, he or she is responsible for hiring his or her own attorney.  Not surprisingly, most defendants in criminal cases are appointed counsel because they are found to be indigent.

The unique role that defense counsel plays for his or her client - spokesperson, translator, and court champion - becomes even more important when the client suffers from a mental illness.  There are three key issues - all defense related - addressed in this policy statement.  First, it is important that defense counsel have speedy access to existing mental health information about the defendant.  Information collected by law enforcement, pretrial services and other justice agencies, or from family members should be made available to the defense as soon as they are assigned or agree to represent a client.  Second, attorneys have a responsibility to know about the mental health resources in the community - both their quality and their availability - that might be appropriate for clients with mental health issues, both pre- and post-adjudication.  Third, the policy statement underscores the affirmative obligation of attorneys to be current as to laws that could affect their clients who have mental illness.

Recommendations:

a.

Ensure that defense counsel can identify the mental health status of their clients as soon as possible after appointment.

b.

Ensure that defense counsel can identify alternatives to incarceration in appropriate cases for their clients with mental illness.

c.

Develop materials and training programs that cover recent legal holdings that might affect the client with a mental illness.

d.

Make resources available to the family members and friends of people with mental illness to help them navigate the criminal justice system.