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The Value of a Guardian Ad Litem in a Sell Proceeding
How does a defense lawyer proceed when a defendant has been found incompetent to stand trial and refuses medication? Should defense counsel defend the client’s refusal in all cases (notwithstanding the client’s possible incapacity to make treatment decisions)? Or should counsel second-guess the refusal? No perfect options exist. Professor Fredrick Vars examines a relatively recent case that illuminates an underappreciated option.