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

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 11. Incompetence and Mental Examinations (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 11.1
Rule 11.1. Definitions, Effect of Incompetence, and Right to Counsel
(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).
(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.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Former Rule 11.1, relating to definition and effect of incompetency, was abrogated effective Jan. 1, 2018. See, now, this rule.
16A A. R. S. Rules Crim. Proc., Rule 11.1, AZ ST RCRP Rule 11.1
Current with amendments received through 08/15/19
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