Ethics of Representing the Mentally Ill
Sources for Presentation
March 23, 2012
Judge Polly Jackson Spencer
ABA Standards for Criminal Justice, Criminal Justice Mental Health Standards 7-4.1, 7-
Brian Rogers, Harris County Drug Court Helps Turn Addicts Around, Houston
Chronicle, March 17, 2009, http://www.chron.com/news/houston-texas/article/Harris-
Bryan Shettig, Drug Challenge Court Graduates First Student, Herald-Zeitung, March
13, 2010, http://www.texaspolicy.com/pdf/2010-03-13-NBHZ-ML.pdf
Dean Stanzione, A Comparative Review of the Lubbock County Adult Drug & DWI
Courts, Institute for Court Management, Court Executive Development Program (2011)
Evaluation of Offenders Released in Fiscal Year 2007 That Completed Rehabilitation
Tier Programs, Texas Department of Criminal Justice, Executive Administrative
The Fair Defense Report: Analysis of Indigent Defense Practices in Texas, Texas
Appleseed Fair Defense Project (2000).
Hilgers & Ramer, Forced Medication of Defendants to Achieve Trial Competency: An
Update On the Law After Sell, Georgetown Journal of Legal Ethics (2004)
Indiana Protection & Advocacy Services, Representing Individuals with Mental Illness: A
Primer for Public Defenders (2002).
Jordan Smith, Niche Justice, Austin Chronicle, March 26, 2010,
Laura Challen, et al., Wraparound Services to Drive Down Recidivism for harris County
Drug Court Clients, May 3, 2010, http://www.hcdcf.org/wraparound-services.pdf
Marc Levin, Drug Courts: The Right Prescription for Texas, Texas Public Policy
Foundation (2006), http://www.texaspolicy.com/pdf/2006-02-PP-drugcourts-ml.pdf
Mentally Ill Offender Treatment and Crime Reduction Act of 2003: Hearing on S. 1194
Before the Subcomm. On Crime, Terrorism, and Homeland Security of the Comm. Of the
Judiciary, 108th Cong. (2004).
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement
Act of 2007, H.R. Rep. No. 110-514 (2008).
N.C. Ethics Op. 98-16 (1999)
Representing the Mentally Ill Offender: An Evaluation of Advocacy Alternatives, Texas
Task Force on Indigent Defense, Office of Court Administration (2010)
Restatement (Third) of The Law Governing Lawyers § 24 (2000).
Slobogin & Mashburn, The Criminal Defense Lawyer’s Fiduciary Duty to Clients with
Mental Disability, 68 Fordham L. Rev. 1581 (2000)
Statewide Criminal Justice Recidivism and Revocation Rates, Legislative Budget Coard
Texas Indigent Defense Commission, 2011 Fair Defense Law,
Comer v. Stewart, 215 F.3d 910 (9th Cir. 2000)
Estate of Robinson ex rel. Robinson v. Randolph County Comm’n, 549 S.E.2d 699 (W.
In re Conservatorship Estate of Moehlenpah, 763 S.W.2d 249 (Mo. Ct. App. 1988)
Lakey v. Taylor, 278 S.W.3d 6 (Tex. Ct. App. 2008)
Quesnell v. State, 517 P.2d 568 (Wash. 1973)
Red Dog v. State, 625 A.2d 245 (Del. 1993)