Information for Judges and Attorneys

Every day, North Carolina judges and attorneys encounter people with cognitive disabilities in their roles as officers of the court. All people have the right to equal justice regardless of their ability to comprehend the legal system. Attorneys are required to ensure competent, understandable legal advice and proper representation to every client, and judges are responsible for ensuring due process and accommodation of all disabilities. A necessary first step is to learn about the special challenges these duties require when an individual appears to have an intellectual disability. While the materials in this section are not designed to make judges and attorneys experts on intellectual disabilities, the information will assist them in identifying and accommodating people who have these disabilities. It is not the intention of the Project to promote allowing a person with an intellectual disability to avoid accepting responsibility and facing appropriate consequences. It is the intention of the Project to ensure due process for people with intellectual disabilities.

Power Point Presentation with Speaker Notes

Information about People with Intellectual Disabilities in the Criminal Justice System For Judges and Attorneys- This material attempts to explain why commonly held beliefs about human motivation and behavior of criminal defendants do not apply to people with cognitive disabilities. It also defines and elaborates on some cognitive disabilities that are being seen more and more often in the justice system.

Accompanying Handouts

A Real Life Illustration of A Cloak of Competency-  A onetime employee of Carolina Legal Assistance who had mild mental retardation and who functions "normally" in her role as receptionist, attempts to copy and define several legal terms at the request of her supervisor, Deborah Greenblatt.

Checklist for Attorneys-This questionnaire is designed for attorneys to use when questioning defendants to assist in determining if an intellectual disability may be present.

Pursuing Justice for People with Cognitive Disabilities-This manuscript provides more comprehensive information about representing people with intellectual disabilities.

Journal of the Legal Profession by David Green-This Article discusses the importance of providing effective representation to clients with mental disabilities and the need for bar associations to provide further guidance to lawyers

Resource Guide-This booklet was designed and written specifically for judges and attorneys who may become involved professionally with people with cognitive disabilities. In addition to reinforcing information provided in the above documents, it offers resources for additional information and for assistance when communication becomes a problem.

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