Attorney Resources
As an attorney you have developed certain protocols for accepting clients, if you are unfamiliar with representing clients on the Autism Spectrum it will be critically important for you to do your research prior to accepting this individual as a client. Autism Spectrum Disorder (ASD) will impact how you interact with your client, the supports your client needs throughout the criminal justice process, and your defense. Autism will impact every aspect of your case and it is important that you understand just how much the ASD diagnosis is intertwined with your client’s behavior and the charges against him or her. We have compiled a list of resources for you to explore when considering client representation.
On this page you will find the following topics:
Autism and Criminal Justice Top Resources
Decision Making Options for Persons with Disabilities
Mental Health Courts Program
Decision Making Options for Persons with Disabilities
For individuals on the Autism Spectrum there is often a need for support from family members, typically parents. If your client is not under a guardianship you may face some hurdles marrying this reality with your rules of professional conduct. As attorneys your duty is to your client. This may include impressing upon your client that parental guidance may be in their best interest. Often parents are the expert on their child and can provide you with important background information and supporting documentation.
You may discover in working with your client that you need to explore potential options to assist them with making decisions. The American Bar Association provides a tool to help attorneys identify and implement decision making options for individuals with disabilities. The PRACTICAL tool and resource guide can be found here. One of the tools explored in this guide is the Supported Decision Making Agreement (SDMA). Currently there are 14 states that have SDMA statutes.
Alaska Colorado Delaware District of Columbia
Illinois Indiana Louisiana Nevada
New Hampshire North Dakota Rhode Island Texas
Washington Wisconsin
Mental Health Courts Program
The Mental Health Courts Program was created by Public Law 106-515 known as America’s Law Enforcement Mental Health Project, it is also supported in part by Public Law 108-414, The Mentally Ill Offender Treatment and Crime Reduction Act of 2004. This program is funded by grants from the Bureau of Justice Assistance under the U.S. Department of Justice. Mental Health Courts vary by state and even by county but overall involve a collaboration between the criminal justice and mental health fields. These courts typically accept non-violent individuals who have a mental health diagnosis and who may also have a substance use disorder. Criteria varies per court as do approaches. Overall, the goal of mental health court is to decrease the client’s contact with the criminal justice system by providing the resources needed to stabilize and improve the client’s lives.
There are currently over 300 mental health courts in the United States. To look up the adult mental health courts in your area please use this interactive tool from SAMHSA. If you are looking for juvenile mental health courts click here. You can find contact information as well as criteria for target participants through these links.
If you would like to learn more information about Mental Health Courts as a Criminal Justice Solution please see this webinar from The Arc of the United States.
If you are interested in developing a mental health court in your area, or just want to learn more there are learning modules available from The Council of State Government Justice Center.
Monica Palma, M.Ed., BCBA, Esq. is the author of this page.