Fair Representation for Defendants with Mental Impairments
Texas Appleseed pursues
statutory and other systemic changes to ensure better legal representation for
persons with mental illness and retardation. We provide handbooks and training
for attorneys representing these clients, and have worked with different Texas
communities to create innovative models to provide high quality legal services
for persons with mental health needs. Texas Appleseed also publishes a series
of monographs for judges on issues surrounding fair treatment of persons with
mental illness and mental retardation in the criminal justice system, as well as
handbooks (in English and Spanish) for families advocating for a person with
mental disabilities in the legal system. In 2003, Texas Appleseed received the
Ring of Honor Award from the Mental Health Association of Texas for our
work to address the legal needs of defendants with mental illness or mental
retardation.
Latest News
Appleseed Centers in Georgia and Louisiana are replicating Texas Appleseed’s handbooks for
attorneys and families of persons with mental disabilities.
Project Background
After successfully advocating passage of the Fair Defense Act, Texas Appleseed realized that
while the legislation made great strides in addressing problems with Texas’ system of indigent
defense, it did not directly address the difficulties experienced by defendants who have a mental
illness or mental retardation. To fill this gap, Texas Appleseed began an education and outreach
campaign aimed at lawyers, judges and consumers to make them aware of the law and special issues
associated with defense of a person with a mental impairment.
As part of this effort, Texas Appleseed produced handbooks for attorneys representing clients with a
mental illness or mental retardation, as well as Spanish and English handbooks for defendants and their
family members. Texas Appleseed has also published a series of monographs for judges interested in these
issues and participated in training of attorneys, judges and court personnel in Texas and other states. Several
Appleseed centers have replicated Texas Appleseed’s handbooks, expanding this education and outreach effort across the country.
Texas Appleseed also advocated for specialized systems of representation for defendants who have a mental illness or mental retardation.
Funders & Collaborators
Texas Appleseed is grateful to Houston Endowment and Hogg Foundation for Mental Health for generously funding the
handbook project. We also appreciate the efforts of our collaborator on "Mental Illness, Your Client and the
Criminal Law"—Texas Tech University School of Law.
2007 Major Accomplishments
Texas Appleseed’s advocacy led to the creation of a mental health unit in the El Paso and Dallas County public
defender offices, and to creation of a mental health contract attorney system in Limestone County.
Texas Appleseed worked with Travis County to bring about the nation’s first stand-alone Mental Health Public Defender
Office now operating in Austin.
Georgia and Louisiana replicated Texas Appleseed’s handbook for attorneys representing clients with mental retardation.
Reports & Publications
Judicial Resources
A Judicial Resource: Protecting
Constitutional Rights of Defendants with Mental Impairments
Judicial Options: Personal Bond Statutes and Defendants With Mental Illness or
Mental Retardation
Judicial Options: When Clients Are
Incompetent to Stand Trial
A Better Model: Ensuring Equal
Justice for Persons With Mental Illness & Mental Retardation
Handbooks
Media Coverage
"Help on the Way for Mentally Ill Defendants"
Rebecca
Lightsey in Austin American Statesman, January 3, 2007
"Service
Combines Justice, Therapy"
Raman
Gill in The Houston Chronicle, January 2, 2007
"Travis County Creates Mental Health Public Defender Office"
Deborah
Fowler in
Texas Lawyer, June 5, 2006
"Mentally Ill Defendants Offered Better Legal Aid”
Joe Crews in
Austin American-Statesman, June 3, 2006
"New Office Will Give Free Legal Help to Mentally Ill”
Annette LoVoi in
Austin American-Statesman, May 27, 2006
"Jail cell became death chamber"
Austin American-Statesman,
March 31, 2004
"Study Finds Hundreds of Thousands of Inmates Mentally Ill."
The New York Times, October
22, 2003
"Texas
must ensure justice for mentally ill."
San Benito News, June
11, 2003
"A
drugged-up defendant can't participate in defense."
The Dallas Morning
News, March 2, 2003
"Jails
cope poorly with the mentally ill."
The Dallas Morning News,
September 1, 2002
"The Next Task: Who is Mentally Retarded?" Texas Lawyer.
"Texas should lead, not follow."
Austin American-Statesman,
June 24, 2002
Links
Achieving the Promise: Transforming Mental Health Care in America 
Mental Health Association in Texas
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