What Does it Mean for a Criminal Case if the Defendant is Legally Incompetent and Has a Court-Appointed Guardian?

Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak and to perform simple tasks; however, he cannot manage important matters like his medical care and finances. Derek’s mom, Greta, successfully petitioned under G.S. Chapter 35A to have her son adjudicated incompetent and was appointed as Derek’s guardian. Recently, Derek was at a store and put candy he had not paid for in his pocket. When an employee intervened, Derek pushed the employee and ran home with the candy. Criminal charges were filed, and Derek was appointed counsel. This post explores difficult questions that arise when a criminal defendant is adjudicated incompetent and has a court-appointed guardian, including the effect those circumstances have on criminal case decisions, client confidentiality, and the allocation of authority between the attorney and client. But first, a little background. Attorney-client relationships and the allocation of authority, generally Who makes case decisions: the attorney, or the client? The American Bar Association (ABA), in its published Criminal Justice Standards, suggests that clients make decisions involving substantive rights (e.g., what plea to enter, whether to waive a jury trial, and whether the defendant should testify), while attorneys make strategic and tactical decisions (e.g., how to cross-examine witnesses, and whether to strike a potential juror). But the framework in North Carolina is somewhat different. The North Carolina Rules of Professional Conduct (hereinafter Rules) provide that clients in North Carolina decide the goals of a case and the purposes of representation, [...]