The Fulton County Justice Center will be open for regular business hours (8:30 am - 5:00 pm) during the World Cup (June 11 - July 15), although some services may be available on a limited basis, especially on game days. Some services and court proceedings may have virtual/on-line options or requirements during these dates. Additional information can be found on the By: Judge Shukura L. Ingram
The intersection of mental health and the legal system is not a yield sign at the crossing of a two-lane road in a small town. It is a major, four-way stop across a multi-lane roadway in the center of a heavily populated city. This intersection is significant and complex. In other words, it is a big deal.
In March 2020, the Conference of Chief Justices and Conference of State Court Administrators established the National Judicial Task Force to Examine State Courts’ Response to Mental Illness. The Task Force was crafted to “assist state courts in their efforts to more effectively respond to the needs of court-involved individuals with severe mental illness.” According to the task force co-chairs, “...the prevalence of mental illness in the U.S. has an enormous impact on states and communities and a disproportionate impact on our state and local courts. According to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness – more than 50 million in 2020 – and more than 13 million adults live with serious mental illness.”
One of the ways the Fulton County Superior Court responded to the call for action from the National Center for State Courts was to establish a Competency Docket. In short, the purpose of the Competency Docket is to streamline the management and adjudication of cases involving people who are so severely and persistently mentally ill, they are not competent to stand trial. More specifically, the goal is to increase our court’s ability to efficiently facilitate evaluations, preside over civil commitments, and manage the restoration process. This helps provide frequent and meaningful court events for incompetent defendants to stand trial. It also ensures case predictability and accountability of involved stakeholders, thus resulting in impactful outcomes for defendants. By taking these steps, a team approach is established that will provide subject-matter proficiency, so individual cases receive necessary care and attention to progress toward resolution.
The Competency Docket is comprised of a dedicated, multi-disciplinary team of justice partners and stakeholders who manage cases from inception to conclusion. When a defendant has been ruled incompetent to stand trial, the case may be transferred to the Competency Docket. Next, the judge, prosecutor, defense counsel, and mental health experts manage the restoration process and ultimately commitment proceedings (if a defendant is not restorable).
Competency restoration is the process of helping defendants understand their legal jeopardy and enables them to meaningfully assist their lawyer in a defense. Competency restoration can take place in the Fulton County Jail, outpatient treatment, or a state hospital. The method of restoration is dependent on the severity of a defendant’s illness and the ability to medically stabilize them (a crucial component to restoration).
When it becomes apparent that a defendant may not be well enough to participate in criminal proceedings against them, they may be evaluated by a medical professional. If a doctor believes a defendant is not competent, a special plea may be filed, then the case may be transferred to the Competency Docket. The Competency Docket is not designed to address all defendants with behavioral health issues, rather it is focused on those who are so ill that they cannot move forward in the criminal prosecution process. Our Behavioral Health Treatment Court is available for those who have a behavioral health diagnosis but are medically stable and competent to stand trial.
The success of the Competency Docket depends on close working relationships between the court, district attorney, defense attorneys (almost all being public defenders), sheriff’s office, Grady Health System, Emory University, Department of Behavioral Health and Developmental Disabilities, and other service providers. The Competency Docket does not have its own social workers, and it relies heavily on the public defender’s office for social services coordination. The work is very hands-on and time-consuming for those who serve on the multi-disciplinary team.
Despite our success at the infancy of this specialty docket, we are still challenged by the protracted wait for hospital admissions, a shortage of supportive housing for the indigent, and the difficult and prolonged process of applying for federal benefits to pay for housing and care. Even though these issues slow the resolution of cases, the Competency Docket’s future is promising, and we continue pushing forward to find effective and efficient ways of managing the intersection of mental health and criminal justice.