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How to Deal With 23 Difficult District Court Issues

Discovery And Mental Health

Sponsored with the Macaronis Institute for Trial and Appellate Advocacy

Please Note: This course has already been held.

Date: Thursday, April 08, 2004

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

Schedule/Agenda
Registration Information

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You go into lockup to speak to your client. When you begin your interview, your client is very agitated. He/she begins ranting about God, the CIA and a conspiracy. When you try to interview the client and explain the court proceedings, the client appears to look right through you; clearly not comprehending what is going on. Now what? Each day in the district courts, we deal with defendants with mental illness. Representing mentally ill clients raises unique issues in the criminal justice system. We are often faced with difficult decisions about how to litigate these cases and how to serve our clients best interests.

Discovery and mental health issues are two of the most difficult facets of a District Court Practice. Attend this conference to learn how to best resolve these complex issues. Experienced faculty and judges will offer insight, practice tips and answer your most challenging questions.

Attend and Learn:
Discovery Issues
  1. How to fill out the Pretrial Conference Report
  2. Are they binding contracts?
  3. What types of discovery motions could and should be filed in addition to the PTC report?
  4. The significance of compliance dates
  5. How to get compliance from the prosecution
  6. Remedies for failure to comply to court ordered discovery issues
  7. Sanctions: Motions to Dismiss, Motions to Preclude, Motion for Continuance
  8. Recent case law developments

Mental Health Issues:

  1. When should you seek a G.L. c. 123 §15 (a) evaluation for competency?
  2. When should you seek a G.L. c. 123 §15 (b) evaluation for criminal responsibility?
  3. Who makes the decision to send the client for such an evaluation? Can the Court order such evaluations?
  4. Are the evaluations privileged?
  5. Who should conduct the evaluation?
  6. How best to work with the court clinician.
  7. What is a G.L. c. 123 §18A commitment?
  8. How long are the commitments?
  9. What happens when the client returns to court after the evaluation?
  10. What reports are discoverable and when are they discoverable?
  11. What are the implications of these commitments and evaluations on the criminal case?
  12. Should you pursue a mental health defense? Pros and cons?
  13. What is the role of the judge, court clinician, prosecutor and defense attorney?
  14. Evidentiary issues dealing with the admissibility of hospital records and written evaluations.
  15. Recent case law developments

  S C H E D U L E / A G E N D A

4:00 Welcome and Introductions

4:10 Discovery Issues
  • What Types of Motions could and should be filed
  • How to fill out the Pretrial Conference Report
  • Compliance dates
  • Remedies for failure to comply
  • How to get compliance
  • Sanctions: Motions to Dismiss, Motions to Preclude, Motions for Contiunance


Professor Colette Tvedt, Moderator
Suffolk University Law School, Boston, MA

Julie Baker, Esq.
Suffolk University Law School, Boston, MA

David Hallinan, Esq.
Essex County Bar Advocates, Salem, MA

Honorable Thomas C. Hogan
Boston Municipal Court Cental Division

Honorable Geoffrey Packard
District Court Malden Division


5:40 Q & A and Break

6:00 Mental Health Issues
  • What are the Common Issues
  • What are the signs of mental illness
  • How to differentiate between competency and responsibility
  • When a client is sent for a evaluation, who gets to see the report and why?
  • How to work with doctors on the evaluation


Professor Colette Tvedt, Moderator
Suffolk University Law School

Honorable Rosemary B. Minehan
Regional Administrative Judge, Wareham District Court

Dr. Jeffrey P. Miner
Designated Forensic Psychologist, Boston Municipal Court


7:15 Q & A

7:30 Conclude

  G E N E R A L   I N F O

Date:  

Thursday, April 08, 2004

Tuition:  

Tuition is $149; $99 for attorneys admitted to the bar after 2001, members of MACDL, ADAs and CPCS attorneys.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in NY, RI, NH, VT, ME. If we are not already an approved CLE provider in your jurisdiction, we will assist you. This program has also been approved for 3.5 CPCS Mental Health CLE Credit.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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