Elder law and disability law are closely related areas of legal practice that focus on protecting the rights, autonomy, and well-being of older adults and people with disabilities. In Texas, these legal issues intersect with state-specific laws, public benefits programs, and agencies that can be difficult to navigate without reliable information and planning. This brief overview introduces key topics in Texas elder and disability law and points readers toward trusted resources for learning more.
Read moreLatest & Greatest - Mental Health Law for Prosecutors
Defendants with an intellectual disability or mental illness present unique challenges for those involved in law enforcement, such as peace officers and prosecutors. As the number of defendants increases, the need for law enforcement to be educated and trained to manage those individuals becomes much more evident. Recognizing this need, the Texas District & County Attorneys Association has published Mental Health Law for Prosecutors, a manual addressing not only the laws regarding insanity and incompetency but also the availability of mental health resources.
Read moreDisability as a Social Construct
Image credit: https://pixabay.com/illustrations/inclusion-group-wheelchair-5249903/
The Professional Engagement, Growth, and Advancement Special Interest Section (PEGA-SIS) of the American Association of Law Libraries recently hosted a discussion on hidden disabilities in the workplace. One of the key takeaways from the discussion was the idea that “disability” is a social construct. Searching for a fuller explanation of this idea led to today’s blog post.
Read moreLatest & Greatest – Representing People with Mental Disabilities: A Criminal Defense Lawyer’s Best Practices Manual
Edited by Elizabeth Kelley
Published by American Bar Association
KF 9240 .R47 2018
Photo Credit: Helen Hartman
A criminal defense lawyer’s job is never easy, and that job can become even more challenging if the client is one with a mental disability. In such cases, many more issues can arise. Not only does the lawyer need to be well versed in criminal law but also he should have some understanding of how those laws can affect a mentally disabled client. Sound intimidating? It can be, but editor and criminal defense lawyer Elizabeth Kelley has been in your shoes and can offer some guidance in the form of a new book, Representing People with Mental Disabilities: A Criminal Defense Lawyer’s Best Practices Manual. Written by criminal defense lawyers and mental health experts, Representing People with Mental Disabilities delves into some of the unique issues faced by defendants with mental disabilities, such as competency to stand trial, criminal responsibility, and the use of mental disability as mitigation. In addition, there are discussions about forced medication, jail and prison conditions, and special courts, such as mental health courts and veterans treatment courts. On a more personal note, the editor has included chapters devoted to practical tips and advice for working with clients, families, and experts.
Each chapter begins with an introduction by the editor, and in the back of the book, you will find a list of suggested works for further reading. These titles are arranged according to chapter and include books, articles, and websites. Representing People with Mental Disabilities is meant to be a practical guide and is “the resource [Elizabeth Kelley wishes she had when she] started practicing.” You can find it in the Criminal Law section at the Harris County Law Library.