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OREGON ADVOCACY CENTER v. MINK

No. 02-35530.

322 F.3d 1101 (2003)

OREGON ADVOCACY CENTER; Metropolitan Public Defender Services, Inc.; and A.J. Madison, Plaintiffs-Appellees, v. Bobby MINK, Director of the Department of Human Services, in his official capacity; and Stanley Mazur-Hart, Superintendent of Oregon State Hospital, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2003.

Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, Salem, OR, for the defendants-appellants.

Kathleen L. Wilde, Oregon Advocacy Center, and Spencer M. Neal, Oregon Law Center, Portland, OR, for the plaintiffs-appellees.

Before: T.G. NELSON, GRABER and FISHER, Circuit Judges.

FISHER, Circuit Judge.

Oregon, in recognition of the constitutional rights of mentally incapacitated persons charged with a crime, commendably has enacted statutory procedures for the identification and restorative treatment of such persons so that their guilt or innocence can be determined in a trial. This case presents the question of what happens when the state mental hospital (Oregon State Hospital or "OSH"), which is charged with evaluating and treating mentally...

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