Mental Health and the Criminal Justice System: What “Rule 11” Really Means in Arizona
If you or a loved one is facing criminal charges in Pima County and mental illness is part of the picture, you’re probably hearing a lot of legal terms thrown around—Rule 11, Title 36, guardianship, conservatorship. And if you’ve been told that someone is “on court-ordered treatment” or “under guardianship,” it might seem obvious that they shouldn't be prosecuted. Unfortunately, Arizona law doesn’t work that way.
As a criminal defense attorney in Tucson, I regularly speak to clients and their families who believe that a person’s mental illness—or even a formal diagnosis or civil commitment—means the criminal case must be dismissed. I’ve had parents call me in shock and anger when I tell them that we can’t simply submit proof of a diagnosis or guardianship and walk away from charges. I understand where they’re coming from. These systems are confusing, and most people assume they all connect and communicate more seamlessly than they actually do.
This post is designed to clear up the confusion. I’ll explain what Rule 11 is (and isn’t), how it relates—or doesn’t—to civil court-ordered treatment or guardianship, and what happens when a defendant is found incompetent to stand trial. Most importantly, I want families to know that even when the law feels cold or rigid, there are still compassionate, strategic ways to navigate the process and protect the rights and dignity of people with mental health challenges.
What Is Rule 11?
Rule 11 refers to Arizona Rule of Criminal Procedure 11, which governs how courts decide whether someone is legally competent to stand trial. It is a criminal court procedure—not a mental health diagnosis. A person can be severely mentally ill or intellectually disabled and still be found competent under Rule 11. On the flip side, someone may appear relatively high-functioning but still be unable to meet the legal standard of competence.
The standard itself is narrow and surprisingly simple. To be deemed competent, a person must understand the nature of the legal proceedings and be able to assist their attorney in a rational manner. That’s it. We’re not talking about whether someone is stable, reasonable, safe to live independently, or receiving mental health treatment. We’re not even talking about whether they made rational decisions during the events that led to their arrest. Rule 11 only applies to a defendant’s mental condition at the time of the court proceedings—whether they understand what’s going on and can help defend themselves.
The questions used by court-appointed experts are often basic:
Do you know the role of the judge?
What does a prosecutor do?
Can you tell me who your attorney is?
What are you charged with?
What could happen if you're convicted?
The Rule 11 Process in Pima County
If I believe a client may not be competent, I can file a motion requesting that the court order a Rule 11 evaluation. Once the motion is granted, everything stops. The case is paused while the court appoints two independent mental health experts (usually psychologists or psychiatrists) to examine the defendant. These doctors aren’t doing therapy or prescribing medication. They’re doing one thing: evaluating competency to proceed in court.
If both doctors agree that the defendant is competent, the case picks up where it left off. If both say the defendant is incompetent, the court must decide whether the defendant can be restored to competency.
If the doctors disagree, the court will usually appoint a third evaluator as a tiebreaker.
In misdemeanor cases that start in Tucson City Court or Pima County Justice Court, a Rule 11 motion will trigger a transfer of the case to Pima County Superior Court. That’s because only the Superior Court handles Rule 11 proceedings. If the case is already a felony in Superior Court, it gets assigned to a specialized Rule 11 division that manages these evaluations.
If the court finds someone incompetent but restorable, the person is typically placed in a restoration program. That may involve classes, sometimes in conjunction with medication. The goal is to bring them up to the minimal level of competency required to resume court proceedings. This can take weeks or months, depending on the person’s condition.
Not Restorable? That Doesn’t Always End the Case
Occasionally, a person is found both incompetent and not restorable—meaning treatment is unlikely to ever improve their ability to stand trial. When that happens, the criminal case is often dismissed. But that doesn’t mean the person is released. If their condition poses a danger to themselves or others, the state may file a civil commitment petition under Title 36.
This is where we see the crossover between criminal and mental health systems. But the transition isn’t automatic or seamless. And it certainly doesn’t mean that everyone with mental illness ends up in the hospital instead of court.
What About Title 36 Court-Ordered Treatment?
Title 36 refers to Arizona's civil mental health code. Under this law, a person can be placed on court-ordered treatment (commonly called “COT”) if a civil court finds that they are mentally ill and pose a danger to themselves, a danger to others, persistently or acutely disabled, or gravely disabled.
This process is completely separate from Rule 11. You can be under a COT order and still face criminal charges. You can be receiving treatment through a provider like COPE or La Frontera and still be arrested. The mental health court doesn’t talk to the criminal court unless and until someone raises a Rule 11 motion, and even then, the court doesn’t assume you’re incompetent just because you’re on a treatment plan.
It’s a frustrating situation. I’ve had clients whose families are shocked that we have to go through a whole Rule 11 evaluation when their loved one is already under COT. But again, the legal standard is different. The state isn’t asking whether someone is mentally ill—they’re asking whether that person can make it through court proceedings with a basic understanding of what’s happening.
Guardianship and Conservatorship
Another frequent misunderstanding comes from families who have obtained guardianship or conservatorship over a loved one and believe that automatically means the person cannot stand trial. Guardianship is a probate court order that allows a third party—often a parent, sibling, or professional fiduciary—to make medical, legal, and financial decisions for someone who is incapacitated.
While it’s an important protection in daily life, guardianship doesn’t override the criminal court’s need to evaluate competency independently. The guardian can’t waive hearings, enter pleas, or stop a criminal prosecution without going through the Rule 11 process. The court may consider the existence of a guardianship as evidence during a Rule 11 evaluation, but it’s not determinative. I’ve had guardians call me angry and confused when I explain that we still have to request and litigate a full Rule 11 procedure.
Can Charges Be Dropped Based on Mental Health?
Yes, but only in rare circumstances. A court may dismiss charges if a defendant is found not competent and not restorable. Even then, the dismissal is usually without prejudice—meaning the charges could be refiled later if the person is ever restored.
Alternatively, a prosecutor might choose to dismiss charges in the interests of justice, particularly if the offense is minor and the defendant is already under treatment or supervision elsewhere. But that’s a discretionary decision, and it doesn’t happen automatically. Most cases involving defendants with serious mental health issues are handled within the system—restoration, treatment, plea agreements tailored to support needs—but not dismissed outright.
Navigating the System with an Experienced Defense Attorney
Mental health and criminal law overlap more often than most people realize, but the systems that govern them are poorly integrated. That leaves families feeling overwhelmed and powerless. It’s easy to assume that once you’ve gotten help for your loved one—guardianship, treatment, evaluations—the criminal court will catch up and act accordingly. Unfortunately, it doesn’t work that way. Every court operates under its own procedures and standards.
That’s why it’s so important to have a defense attorney who understands not only Rule 11, but also the broader mental health landscape in Arizona. I’ve worked with clients who’ve been through Title 36 proceedings, lived under guardianship, or struggled with severe psychiatric disorders. I know how to explain the system, advocate for alternative outcomes, and ensure the criminal case doesn’t ignore a client’s real-world challenges.
If you have questions about Rule 11 or believe your loved one may not be competent to stand trial, please reach out. I can walk you through the process, help you understand your options, and ensure your family member is treated with fairness and dignity.
Amanda Bynum | AJB Law Firm, Tucson Criminal Defense Attorney
Experienced. Compassionate. Strategic.
Serving clients in Tucson, Pima County, and throughout Southern Arizona. Contact us today for a confidential consultation.
