SJI Newsletter

September 2021 | Volume 31, No. 12

Mental Health Competency Hearings Need Reform

About 4 out of 10 people in custody have been diagnosed with a mental illness. At 

some point, they ended up in court, where a judge determined whether they were 

competent to stand trial. While they waited for their competency hearings, they often 

languished in jails. In Texas alone, more than 1,500 people are waiting for a 

competency determination, and one out of seven of those defendants were charged 

only with a misdemeanor crime.

This nationwide problem – a crisis, according to mental health advocates – is 

decades old, but it’s getting renewed attention from state court leaders.

This month, the executive committee for the National Judicial Task Force to Examine 

State Courts’ Response to Mental Illness approved a new report that examines 

mental health competency systems nationwide.

“The crisis in the competency system is the canary in the coal mine for the crisis at 

the intersection of our behavioral health and criminal justice systems,” said Oregon 
District Court Judge Nan Waller, a task force member. “Too many mentally ill people 

end up in the criminal justice system for lack of other options and are then funneled 

through the clogged competency process.”

Mental health experts and court leaders say the courts need to follow the report’s 10 

recommendations:

• Divert cases from the criminal justice system.

• Restrict which cases are referred for competency evaluations.

• Develop clinically appropriate evaluation sites.

• Find treatment sites that go beyond psychiatric hospitals.

• Revise restoration protocols.

• Impose rational timelines for the competency process.

• Address operational inefficiencies.

• Address training, recruitment and retention of staff.

• Coordinate and use data.

• Develop robust community-based treatment and support for diversion and reentry.

“The solutions,” Judge Waller said, “require increasing community mental health 

supports and services, developing points of defection and diversion from the criminal 

justice system and streamlining the competency process.”

The report from National Center for State Courts (NCSC) is intended to be an 

immediate resource for state court leaders, and it will serve as a framework as the 

task force develops additional tools for courts and their partners and forwards future 

recommendations to the Conference of Chief Justices and the Conference of State 

Court Administrators.
New Study Reveals the Full Extent of the Access to Justice 

Crisis in America

This month, the Institute for the Advancement of the American Legal System

(IAALS), and the Netherlands-based HiiL (The Hague Institute for Innovation of 

Law) completed the first nationwide survey of its size to measure how 

Americans across a broad range of socio-demographic groups experience and 

resolve their legal problems. The US Justice Needs survey, funded by 

Bohemian Foundation, reached 10,000 Americans, asking them about the 

legal problems they experienced in the last four years, what they did to solve 

those problems, and ultimately whether they felt they managed to reach a fair 

resolution. The full report with the survey results was just released on 

September 1st, 2021 with two live webinars presenting the data, reporting on 

the outcomes, and suggesting solutions.

“The findings of this survey,” says Dr. Martin Gramatikov, Measuring Justice 

Director at HiiL, “indicate what our research has historically shown—that 

oftentimes the more developed a nation is, the more justice needs exist in the 

population, and the greater the challenge of access to justice for all. While it is 

widely understood that there is an access to justice problem in the United 

States, the full extent of the justice crisis has been less clear, until now. With 

the results of this survey, and IAALS’ focus on evidence-based reform, we can 

begin to truly understand the scope of the problem, and work towards the 

changes needed to address this justice gap.”

The results of the survey provide a clear picture regarding the landscape of 

legal problems in the United States. Access to justice is a broad societal 

problem—66% of the population experienced at least one legal issue in the 
past four years, with just 49% of those problems having been completely 

resolved. There is no income group, gender, race or ethnic group, age group, 

or geographic area that does not face a substantial number of legal problems. 

On an annual basis, that translates to 55 million Americans who experience 

260 million legal problems. A considerable proportion of these problems—120 

million—are not resolved or are concluded in a manner which is perceived as 

unfair. This study shows that access to justice challenges are significant and 

pervasive.

“This is a crisis that demands increased advocacy and funding for policies and 

services that increase access to justice across broad segments of society,” 

says Brittany Kauffman, Senior Director at IAALS. “Previous research has 

been heavily focused on those with low income, or has been limited in 

geographical scope. While this study confirms that those with low income are a 

particularly vulnerable population, it also reflects that the access to justice 

crisis is not limited to this group. We surveyed people across all regions of the 

United States, including urban and rural areas. Understanding the breadth and 

reach of the problem helps us create evidence-based solutions and sound the 

alarm that we need to take urgent action.”

The data reveals what kinds of justice problems people face in the United 

States and how—and to what extent—those problems vary across sociodemographic characteristics. It provides insights into the most serious 

problems, as well as the extent to which those problems are resolved. The 

report also focuses on two problem types in particular—1) work and 

unemployment and 2) money-related problems—both of which are particularly 

serious and impactful for Americans.

“Money-related, work, and unemployment problems disproportionately impact 

vulnerable groups in society,” says Logan Cornett, Director of Research at 

IAALS, “and we anticipate these problems will become even more common 

and impactful as a result of the COVID-19 pandemic. The data also highlights 

the critical issues of inequity in the United States justice system. While access 

to justice is a broad societal problem, the effects of the justice crisis are not 

equally distributed. Looking at the justice crisis through the lens of different 

socio-demographic groups reflects different constellations of problems, 
different experiences, and different outcomes.”

The report examines the rates at which people encounter legal problems, the 

relative seriousness of those problems, and the rates at which they were able 

to completely resolve their legal problems. The following groups stand out as 

most vulnerable: lower income, women, multiracial and Black Americans, 

younger and middle-aged, and those living in urban and rural environments. To 

read more, please visit: https://iaals.du.edu/

September is National Recovery Month

National Recovery Month – now in its 32nd year – recognizes the millions of 

Americans in treatment for substance misuse, as well as recovery service 

providers. It also encourages those struggling with substance misuse to seek 

professional help. National Recovery Month occurs each year during the month 

of September.

The theme for 2021's Recovery Month is Recovery is For Everyone: Every 

Person. Every Family. Every Community.
NEW! Whole-Person Care for People Experiencing 

Homelessness and Opioid Use Disorder Toolkit

Part I: Understanding Homelessness and Opioid Use Disorder, 

Supporting Recovery, and Best Practices in Whole-Person 

Care

Opioid use disorder (OUD) is a complex brain disease that may be present alongside or 

contribute to additional mental and physical health conditions, as well as social, legal, and 

other challenges. Impacted individuals may be unable to access or obtain housing, health 

and/or behavioral health care, and recovery support services.

This new resource, developed by the Homeless and Housing Resource Center with 

support from the Substance Abuse and Mental Health Services Administration (SAMHSA), 

outlines a whole-person care approach to supporting and assisting people experiencing 

homelessness and OUD in their recovery journey. Key topics include: an overview of 

homelessness and OUD, person-centered and trauma-informed care, reducing stigma, 

recovery supports, and harm reduction.

Download the Toolkit
The State Justice Institute is a federally-funded, non-profit corporation established by federal law in 1984 

to improve the quality of justice in the state courts.

SJI Board of Directors

Chair

John D. Minton, Jr.

Chief Justice

Supreme Court of Kentucky

Frankfort, KY

Vice Chair

Daniel J. Becker

State Court Administrator (ret.)

Utah AOC

Salt Lake City, UT

Secretary

Gayle A. Nachtigal

Senior Circuit Court Judge

Washington County Circuit Court

Hillsboro, OR

Treasurer

David V. Brewer

Justice

Oregon Supreme Court

Salem, OR

Jonathan Lippman

Chief Judge of New York (ret.)

of Counsel

Latham & Watkins, LLP

New York, NY

Chase T. Rogers

Chief Justice (ret.)

Supreme Court of Connecticut

Partner

Pitney Day, LLP

Hartford, CT

Wilfredo Martinez

Senior Judge

State of Florida

Orlando, FL

Marsha J. Rabiteau

Executive Director

Center for Human Trafficking Court 

Solutions

Bloomfield, CT

Hernan D. Vera

Judge

Superior Court

Los Angeles, CA

Isabel Framer

President

Language Access Consultants, 

LLC

Copley, OH

Jonathan D. Mattiello

Executive Director

Share the News

SJI uses Facebook, Twitter, and LinkedIn to promote the work of its grantees and also 

shares information of interest to the entire state court community. If your organization’s 

work complements ours, let us know and we will share.