Effective Assistance of Counsel for Forensic Defendants: Calling in Backup

• In Event: Legal Services for the Indigent – Legal Representation and Mental Health

Abstract

Public defenders may often be assigned cases involving individuals with a mental illness. No matter what stage of the criminal proceeding, these cases will necessarily be different – the diagnosis of mental illness or a defense raised based on mental illness creates a unique need for effective representation. Since law schools frequently do not have the available resources to teach about representation of individuals with mental illness, many new attorneys working as public defenders may have little to no experience in working on a forensic case. In order to provide truly effective assistance, attorneys representing individuals with mental illness need to fully understand the ways in which a mental illness affects representation.
In this panel discussion, I will talk about the ways in which forensic cases differ, what a new public defender should consider when working with a client with mental illness, and some of the unique challenges he will likely face, from the stigma of mental illness and its impact on the client to dealing with expert testimony regarding mental illness. I will also discuss resources that may be available to new public defenders, and advocate for increased education on forensic mental health issues in law schools and employee trainings.

Author

• Alison Julia Lynch, Disability Rights New York