Table 2

Proposed Pro Se Competency Standard

There is a presumption of competence; mental disease or defect must be present to render a defendant incompetent.
If CST is in question, the defendant must first be adjudicated as CST according to the Dusky2 standard.
The defendant must meet a higher standard of competence than for CST in the following areas:

  • Appraisal of available legal defenses

  • Planning a legal strategy

  • Questioning and challenging witnesses

The defendant must be within the general average range of cognitive abilities in the following domains:

  • General intelligence

  • Verbal ability

  • Literacy

The defendant must be willing to accept an SBC, who will be appointed by mandate. The SBC appointee has the right and responsibility to request a new evaluation for CST or PSC at any time during the course of the trial proceedings.
The defendant must possess a rational reason for proceeding pro se. The defendant's rationality should be assessed by the expert witness but ruled on by the presiding judge.