When do you actually raise competency in Mental Health Court?
For those of you who handle criminal cases and Mental Health Court, I'm curious about your general approach to competency.
If a client has diagnoses such as PTSD, bipolar disorder, anxiety, and major depressive disorder, and is already participating in Mental Health Court on an alleged offense like terroristic threats, what factors would lead you to request a competency evaluation?
Does being accepted into Mental Health Court usually mean competency has already been addressed, or is competency still something you evaluate independently throughout the case?
Also, if a client fully understands the charges, the court process, and the consequences but rejects what many would consider a favorable plea offer because they want to exercise their right to a trial, is that ever a reason to question competency, or is it generally viewed as a strategic decision rather than evidence of incompetence?
I'm asking about general practice and how public defenders typically approach these situations.