CAUSE NO. _______________

THE STATE OF TEXAS				§ 		IN THE __________ COURT
							§
V 							§		________COUNTY, TEXAS

							§
[DEFENDANT]					§		_TH JUDICIAL DISTRICT
							
MOTION FOR COMPETENCY EXAMINATION
TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW ________________, defendant in the above styled and numbered cause, by and through his undersigned attorney, and moves this Court to order a competency examination to determine the defendant’s competency to stand trial, and in support of such motion would in good cause show as follows:
I.
	Attorney and the defendant have had numerous interactions where the following have been observed:
	STATE THE FACTORS WHICH CALL YOU TO QUESTION THE COMPETENCY OF THE DEFENDANT.
II.
	Attorney for the defendant is not professionally trained to effectively evaluate the afore- mentioned factors to conclusively determine whether the defendant is competent to stand trial without the specialized assistance of a qualified mental heath expert.

III.
	Attorney for the defendant has spoken generally with [GIVE NAME OF MENTAL HEALTH EXPERT] regarding the above factors and has formed the opinion that a competency examination of the defendant is necessary to insure a fair and proper disposition of this cause.

	WHEREFORE, the Attorney for the defendant prays that this Court grant this motion and appoint a disinterested mental health expert to examine the defendant with regard to the defendant’s competency to stand trial.
							Respectfully submitted,

							_____________________________
							Attorney Name
							State Bar No.________________
							Address
							City, State, Zip
							Phone
							Fax

							ATTORNEY FOR DEFENDANT	

AFFIDAVIT
IN THE STATE OF TEXAS, COUNTY OF ___________________

	This Affidavit is made in support of the foregoing Attorney’s Motion for Competency Evaluation of _____________________, defendant.

	“My name is (ATTORNEY), I am the attorney of record for the defendant in the above styled and numbered cause and as an officer of the Court I make and attach this my affidavit in support of the foregoing Motion to Evaluate the Competency of my client.
	“I am over the age of eighteen and I am in good standing with the State Bar. My representation of ________________________ for the present offense began on ______________, 200___.  The observations reflected in paragraph II of this motion, and incorporated herein as if fully laid out, are a summary of my interactions with the defendant since beginning my representation.
	It is my professional belief that the defendant has neither sufficient present ability to consult with me with a reasonable degree of rational understanding, nor have I witnessed an appropriate appreciation of the factual understanding of the proceedings in which the defendant finds himself.  To insure that the defendant is effectively represented, and further, that the defendant’s rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Sec. 10 and 19 of the Texas Constitution, and Articles 1.04, 1.05 and 1.051 of the Texas Code of Criminal Procedure are protected, an examination of the defendant for competency to stand trial is in the interest of justice and fairness.
	Signed this _______ day of _______________ 200___.

							______________________________
							AFFIANT

Subscribed and Sworn to before me on this the _______ day of ________________ 200___.

SEAL							______________________
						Notary Public

CAUSE NO. _______________

THE STATE OF TEXAS				§ 		IN THE __________ COURT
							§
V 							§		________COUNTY, TEXAS
							§
[DEFENDANT]					§		_TH JUDICIAL DISTRICT

ORDER APPOINTING COMPETENCY EVALUATION

	On this day came to be presented argument of the Defendant’s counsel regarding the Defendant’s ability to competently stand trial.  This Court is persuaded that a competency evaluation is needed.
	THEREFORE, it is the ORDER of this Court that ______________________is hereby appointed to examine _____________, Defendant in the above styled and numbered cause, for the sole purpose of determining whether the Defendant is competent to stand trial.  The circumstances of the offense with which the Defendant is charged are [RECITE THE LANGUAGE OF THE INDICTMENT].  The mental health expert is informed by this Court that competency to stand trial is whether the Defendant has sufficient present ability to consult with defense counsel with a reasonable degree of rational understanding and whether the Defendant has a rational and factual understanding of the legal proceedings in which he is presently involved.
	IT IS THE FURTHER ORDER of this Court that the examiner appointed herein shall submit to this Court within 30 days of the date of this order a written report of the examination which is to include a description of the procedures used in the examination, the examiner’s observations and findings pertaining to the defendant’s competency to stand trial, and the recommended treatment.  If the examiner concludes that the defendant is competent, the report must also include the examiner’s observations and finding on whether there is a substantial probability that the Defendant will attain the competency to stand trial with the foreseeable future.
	IT IS FURTHER ORDERED that a separate report be submitted to the Court regarding the examiner’s observations and findings regarding:
	A. Whether the Defendant is mentally ill and requires observation and or/ or treatment or hospitalization in a mental hospital for the Defendant’s own welfare and protection or for the protection of others; or
	B. Whether the Defendant is a mentally retarded person as defined in the Mentally Retarded Person Act of 1977 (R.C.S. Art. 5547-300) and requires commitment to a mental retardation facility.
[ADD THE FOLLOWING IF THE APPOINTED MENTAL HEALTH EXAMINER IS A MEDICAL DOCTOR] (MOREOVER it is the FURTHER ORDER of this Court that a Certificate of Medical Examination for Mental Illness be completed and submitted to the Court by the examiner if the examiner is a medical doctor and concludes that the Defendant is mentally ill.  If the examiner concludes that the Defendant is mentally retarded and the examination has been conducted at a facility of the Texas Department of Mental Heath and Mental Retardation or a diagnostic Center approved by the Texas Department of Mental Health and Mental Retardation, the examiner is ordered to submit to the Court an affidavit setting forth the conclusions of the diagnostic examination .)

				Signed this _________ day of ________________, 200__.

							_______________________________
							Judge Presiding