Everett Municipal Court

		
		
                                                RULE NO. 18
                                         COMPENTENCY DETERMINATION

     (a)  Initial Competency Assessment Screening.

     1.  Upon receiving a representation that there may be reason to doubt the competency of an in-custody
criminal defendant, the Court shall order an initial competency assessment screening by the Snohomish
County Competency Assessment Management Program at Snohomish County Corrections.

     2.  The initial Competency Assessment Screening Report shall be provided in writing to the Court, the
City Prosecutor's Office and defense counsel within three (3) court days of the entry of the Initial
Competency Assessment Screening Order.

     3.  The assessment and report required by this rule shall be conducted and prepared by qualified
professionals in the mental health field at Snohomish County Corrections.

     (b)  Court Action.  At the hearing following receipt of the initial Assessment Screening Report, the
Court shall, along with the report, consider the arguments and any factual information from the Prosecuting
Attorney and the defendant's counsel and may either:

     1.  Find that there is not a reason to doubt the competency of the in- custody defendant and deny the
motion for a further evaluation of the defendant's competency pursuant to RCW 10.77.060, or

     2.  Find that there is reason to doubt the competency of the in-custody defendant, and, provided that
the defendant has not indicated his or her intention to rely on the defense of insanity pursuant to
RCW 10.77.030, stay further criminal proceedings, and order an evaluation of the mental health condition
(competency) of the in-custody defendant at state expense pursuant to RCW 10.77.060, by a qualified
community expert, who has been preapproved by the Court (subject to available funding).  Such competency
evaluation shall be in writing and returned to the Court not later than 15 days from the entry of such
order, or

     3.  Find that there is reason to doubt the competency of the in-custody defendant, stay further
criminal proceedings, and order that a qualified expert from Western State Hospital  evaluate and report on
the mental health condition (competency) of the defendant pursuant to RCW 10.77.060, or

     4.  Find that there is reason to doubt the competency of the in-custody defendant, stay further
criminal proceedings, and, finding that circumstances involving the health of the defendant require, order
that the defendant be transported to Western State Hospital for an evaluation and preparation of a report
on the mental health condition (competency) of the defendant, pursuant to RCW 10.77.060.

     (c)  Waiver of Initial Competency Screening/Rescreening.

     1.  The Initial Competency Assessment Screening required by this local rule may be waived by the Court
on its own motion if appropriate in a particular case, or upon the agreement of both the Prosecuting
Attorney and the defendant's attorney that such screening is unnecessary in a particular case.

     2.  An in-custody defendant may be ordered by the Court to be rescreened at any time, upon finding
that it is likely that the mental condition of the defendant has changed since the last screening.

     (d)  Defendant rights.

     1.  Any time the defendant is being assessed by court-appointed experts or professional persons
pursuant to the provisions of this local rule, the defendant shall be entitled to have his or her attorney
present.

     2.  In an initial competency assessment conducted under this rule, the defendant may refuse to answer
any question if he or she believes his or her answers may tend to incriminate him or her or form links
leading to evidence of an incriminating nature.

     3.  No provision of this local rule shall abrogate any right guaranteed or provided by the
Constitution of the United States or of the State of Washington, Washington statutes or Washington State
Court Rules.


(Adopted effective September 1, 2017)