Defense counsel warns mandated competency hearings could invade privileged communications and shift DBHDD resources
At a Judiciary committee hearing, defense counsel and others warned that a proposed mandate for hearings when competency concerns are raised would risk revealing privileged defense strategy, chill counsel's duties, and shift scarce behavioral-health resources away from the Department of Behavioral Health and Developmental Disabilities (DBHDD).
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During committee consideration of proposed changes to how mental-competency information is handled in criminal cases, defense counsel testified at length that a mandated hearing requirement would jeopardize privileged defense communications and raise due-process concerns.
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