Colorado in the interest of: A.T.C.Annotate this Case
After defense counsel raised concerns regarding seventeen-year-old A.T.C.’s competency, the magistrate ordered a competency evaluation. A psychologist from the Office of Behavioral Health (“OBH”) subsequently evaluated A.T.C. and determined that he was incompetent but restorable. Shortly thereafter, based on OBH’s evaluation, the magistrate entered a preliminary finding that A.T.C. was incompetent but restorable. The State moved for a second competency evaluation, asking the magistrate to allow a psychologist of the State's choosing to evaluate A.T.C. Over defense counsel’s objection, the magistrate granted the motion. The psychologist retained by the State evaluated A.T.C. and concluded that he was competent to proceed. Following a contested hearing at which OBH’s psychologist, the psychologist retained by the State, and a third psychologist all testified, the magistrate found that A.T.C. was competent to proceed. Defense counsel timely petitioned the juvenile court for review, but was unsuccessful. Counsel then petitioned the Colorado Supreme Court. Addressing whether a juvenile in a delinquency case could seek interlocutory review of a magistrate’s competency finding in the juvenile court as a matter of first impression, the Supreme Court concluded a magistrate’s finding of competency pursuant to section 19-1-108(3)(a.5), C.R.S. (2022), was subject to review in the juvenile court under section 19-1-108(5.5).