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Rule 11.1. Definitions, Effect of Incompetence, and Right to Counsel

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2024

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 11. Incompetence and Mental Examinations (Refs & Annos)
Effective: January 1, 2024
16A A.R.S. Rules Crim.Proc., Rule 11.1
Rule 11.1. Definitions, Effect of Incompetence, and Right to Counsel
Currentness
(a) Definitions.
(1) Mental Illness, Defect, or Disability. “Mental illness, defect, or disability” means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease, and developmental disabilities as defined in A.R.S. § 36-551.
(2) Incompetence. “Incompetence” means a defendant is unable to understand the nature and objective of the proceedings or to assist in his or her defense because of a mental illness, defect, or disability.
(b) Effect of Incompetence. A defendant may not be tried, convicted, or sentenced while that defendant is incompetent. A defendant is not incompetent to stand trial merely because the defendant has a mental illness, defect, or disability. This rule does not bar a court from proceeding under A.R.S. §§ 36-3707(D) or 13-4521.
(c) Right to Counsel. During proceedings under this rule, a defendant is entitled to representation by counsel as provided in Rule 6.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 24, 2023, effective Jan. 1, 2024.
16A A. R. S. Rules Crim. Proc., Rule 11.1, AZ ST RCRP Rule 11.1
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document