1. Rule 11’s in Limited Jurisdiction Courts
J. Matias Tafoya
Presiding Judge
Mesa Municipal Court
Elizabeth R. Finn
Glendale City Court

2. Rule 11 of the Rules of Criminal Procedure
Cannot be tried for criminal offense if:
As the result of mental illness, defect, or disability, the person is unable to understand the proceedings against him or her or to assist in his or her own defense

3. Rule 11 of Rules of Criminal Procedure
Mental illness, defect or disability means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease and developmental disabilities

4. Result of Rule 11 Incompetency
Charges dismissed
No connection with Title 36 civil commitments proceedings
Defendant is just released with no requirements

5. Supreme Court approved 2 pilot courts:
2015
Supreme Court approved 2 pilot courts:
Mesa Municipal Court
and
Glendale City Court

6. GOALS
Reduce no show fees for doctors by having doctors see defendants at the courthouse
Reduce time from filing of motion for transfer to disposition
More convenient for attorneys and defendants to have all proceedings at local courthouse
Ability to release defendants from jail if a resource such as a bed became available

7. Two Courts – Two Styles Mesa
Prosecutors stipulated to one doctor in most cases
Cases were handled by all public defenders
Glendale
Two doctors and with 6 defendants 3 doctors required
Cases were all handled by one public defender
That public defender made decision whether defendant was suitable for MHC, should be returned to regular public defender, should be assessed for eligibility as Seriously Mentally Ill or file a Rule 11

8. Glendale Rule 11 Pilot
Doctors see defendants at the courthouse ($330 per doctor)
Proceedings are held at the courthouse
Has reduced failure to appear rate for seeing the doctors ($150 no show fee)
Reduced the time from the filing of the motion to disposition from 105 days to 42 days

9. Results
Both Courts resolved cases in 2016 with an average of
42 days!

10. Process Judges became Superior Court pro tem judges
Clerks became Special Deputy Clerks of the Clerk of the Court
Received training
Access to iCIS
Judges could unseal prior Rule 11 doctor reports

11. Electronic Enhancement
Clerk’s Office agreed to back scan reports not the in system
Eliminated defense counsel going to Clerk’s Office to retrieve doctors' reports
Minute entries e filed
Not visible on Clerk’s website
Visible on Superior Court website

12. Legislation Chapter 14 SB 1157
Presiding Superior Court Judge can authorize municipal or justice courts to exercise jurisdiction to resolve competency issues
Some courts may handle these matters for other courts
Details with Superior Court and Clerk of the Court are still pending for expansion

13. Mental Health Diversion Program
Person must be diagnosed as Seriously Mentally Ill or be a veteran with services
Court has access to Mercy Maricopa database
Must be stable for at least 6 months
Normal time in Court is 11 months
If successful, prosecutor will consider dismissing the charges.

14. Planning for a participant’s transition out of the mental health court program is a key element of a participant’s success.

15. The team develops Case Plan Adjustments,
The team meets before every court date in a staffing.
Adjustment to treatment plans should precede sanctions or termination from the mental health court.
IN OUR COURT, JAIL NEVER USED AS A SANCTION

16. GOALS OF MISDEMEANOR PROGRAMS
Do not care about guilt
All defendants are required to:
Stay in touch with clinical team/case manager
Keep all appointments
Take medications

17. Judges’ Orders Orders from judges are not “recommendations”
We are empowering case managers to implement treatment plans
A defendant cannot refuse to comply if they want to remain in Mental Health Court

18. First Item Placement or Homelessness
Judges are going to be addressing stable housing
Criminal release orders most often prohibit defendants from returning to scene or contacting victims
A proper placement DOES NOT mean return to the family unless there is no restriction in place
Release orders can be amended by the judge to allow contact if it is verified the victims are acceptable to the defendant returning

19. Misdemeanor vs. Felony Mental Health Programs
Misdemeanor programs result in dismissal of charges
Felony programs require defendant to be convicted
Many of defendants we see at misdemeanor level are not competent and could not enter a guilty plea
Victims, a lot of families, are very supportive of defendants in these programs

20. Phrases Not Helpful to Judges
Defendant must:
Refrain from illegal substances
INSTEAD:
Tell us you want the defendant to attend 3 Terros classes per week
Give us specifics
We need to know program and frequency

21. Phrases Not Helpful to Judges
Defendant must:
Learn how to act in social settings
INSTEAD:
Is there a coping skills class at the clinic?
What specific program is recommended?
Remember: there is Peer Support (Hope Lives) representative in Court; will this be helpful to defendant?

22. Phrases Not Helpful to Judges
Defendant should attend a day program
INSTEAD:
Defendant attend LADDERS 5 days a week
Defendant missed injection
Defendant should go with case manager from court to dropin appointment at clinic
Defendant shall meet with rn at clinic this week
Defendant shall meet with rn within next 48 hours

23. FRUSTRATIONS Turnover of case managers
I know more about these defendants many times
Must have current information since last court date
Do not refer to DTS/DTO if this has not occurred since the last court date
Make sure it is current information if defendant is hospitalized or in jail

24. Third Party Release
Judges want to be able to release defendants from custody to their case manager or others
Victim’s rights
Information needed:
Name of person picking defendant up, date and time defendant will be picked up
Judges do not like to release defendants from jail to a taxi; we want to know the defendant has been taken to the appropriate placement

25. Between Courtdates
If placement or bed available between courtdates, advise the court
Courts will assure victims receive notification
Courts can do third party release to case manager in between courtdates
Many of us read at night or on weekends
Judges receive phone calls during non working hours from Detention asking for help with defendants

28. Urgent Psychiatric Hospitals
Defendant cannot be released to urgent psychiatric center unless the Court removes the bond requirement
If defendant dangerous, even with amendment from COT, defendants will not be released. They can just walk out of an urgent psychiatric center
MAKE SURE CASE MANAGERS BRING AMENDMENTS TO COURT

29. Needs More housing More in patient More one on one counseling
More consistent training of case managers
Connection between Rule 11 incompetency and Title 36; however different standards
More mental health courts even if defendant does not have SMI diagnosis