Competency, Ethics, and Morality

Abstract

This Article examines legal, ethical, and moral issues relating to the delays faced by pretrial detainees in Texas who have been declared incompetent to stand trial and ordered to receive competency restoration services, but for whom there are long waits for available treatment space at state hospitals or in other public facilities. There is pending litigation against the State of Texas involving this issue. The Article first describes the nature and extent of the challenges facing these pretrial detainees in Texas. It then addresses existing federal and Texas precedent pertaining to the legal issues that are at stake. And, finally, it provides several recommendations and discusses potential alternatives. The Article is based on a presentation delivered at the 2016 Mental Health Law Symposium sponsored by the Texas Tech Law Review and Texas Tech Administrative Law Journal on November 18, 2016.

Keywords: Texas, pretrial detainees, incompetence, trial