Lawsuit: Providing Restorative Treatment when Unable to Aid and Assist in Defense

LitigationMental Health Rights Project
Written By The Beauty Shop Studio

In 2002 under our former name—the Oregon Advocacy Center (“OAC”)—we brought a landmark civil rights case against the state because people with mental illness were languishing in jail. The Ninth Circuit ruled in OAC v. Mink that the state psychiatric hospital must accept within seven days people found to not have the mental capacity to stand trial because they are unable to help their attorney defend them in court—what is called "aid and assist."

That decision was meant to end the practice of keeping defendants in jail for months awaiting mental healthcare. 

ENFORCING MINK

In the spring of 2019, people who were found unable to “aid and assist” were waiting in jail on average 26 days for transport to the state hospital. Disability Rights Oregon brought a case against the state for violating OAC v. Mink. In June 2019, the court compelled the State of Oregon to get in compliance with the Mink ruling within 90 days. The state met that court-imposed deadline, which prevented dozens of defendants who experience mental illness and cannot aid and assist in their own defense from languishing in jail.

When the COVID-19 pandemic emerged in 2020, the state asked the federal court for wide latitude in admitting—or not admitting—patients found unable to aid and assist, citing the need to stem the spread of COVID-19. Disability Rights Oregon argued against limiting admissions to aid and assist patients waiting in jail. The District court granted the state’s motion and Disability Rights Oregon appealed that decision to the Ninth Circuit Court of Appeals.

Throughout the pandemic, the State Hospital has continued to request pauses on admitting people found unable to aid and assist due to a rise in the number of patients.

On August 16, 2021, the Ninth Circuit issued an order, vacating the modification allowing this latitude and asked the District court judge to review his decision on the state hospital's admission policy. The appellate court also recognized the facts known at trial in 2002: people with mental illness are harmed by prolonged wait times in jail.

On December 10, 2021, the Oregon Health Authority entered into an interim settlement agreement with Metropolitan Public Defender and Disability Rights Oregon which requires the state to contract with a mutually agreed upon outside expert to address capacity issues at OSH in compliance with Mink.

On September 1, 2022, the Federal court issued the Mosman Order to help reduce wait times for court-ordered treatment and support compliance with the initial 2003 Mink injunction. This original mandate set timelines for releasing patients from the Oregon State Hospital as no longer than:

  • 90 days for patients charged with misdemeanors;

  • Six months for felony charges; and,

  • within one year for charges of violent or person-centered, Measure 11 felony crimes

On July 3, 2023 — with the state still out of compliance — the court amended the original Mosman Order that permits district attorneys to request extended stays at the hospital for aid-and-assist patients charged with the most serious offenses. It also gives the state hospital greater flexibility in discharging certain patients.

Media coverage

The Beauty Shop Studio

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