Can defendant be forced to take drugs?

Friday, Nov. 7, 2003 | 11:15 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday ordered a district court to reconsider whether the state can or should force a Las Vegas woman to take antipsychotic medication to help her become competent to stand trial.

The court said that in light of a recent decision by the U.S. Supreme Court that set guidelines for involuntary administration of drugs, District Judge John McGroarty needed to reconsider his order directing the forced medication of Halina M. Ikeuchi. Ikeuchi was charged with three felony counts of illegal possession of a debit card in Clark County. She was examined by Dr. H. Hale Henson, who diagnosed her with a manic bipolar disorder. She was committed for treatment to Lake's Crossing, the state center in Sparks for mentally ill defendants.

Ikeuchi was judged a danger to herself and to others without medication, and she would not be competent to stand trial without the drugs. A doctor recommended Haldol, Haldol Deconoate or Zyprexa for Ikeuchi. Ikeuchi refused to take the medication. A medical panel reviewed the diagnosis and the drugs prescribed and affirmed Dr. Henson's findings.

Ikeuchi continued to refuse to take the medication, and the state filed a petition with McGroarty asking him for permission to force Ikeuchi. McGroarty granted the request.

In the meantime, however, the U.S. Supreme Court issued a ruling that set guidelines for forced administration of drugs to criminal defendants.

The U.S. Supreme Court, in the 6-3 decision, said the forced administration of antipsychotic drugs should be rare. It said states should use alternative, less intrusive means to make people mentally competent to stand trial if possible.

Nevada has, on numerous occasions, required people charged with crimes and deemed to be mentally unstable to take antipsychotic drugs to enable them to go to trial, Carlos Brandenburg, administrator of the state Division of Mental Health and Developmental Disabilities, said after the ruling by the U.S. Supreme Court.

Brandenburg said the only way some of these people can reach competency is through the use of drugs.

In the documents he filed with the Nevada Supreme Court, Deputy Public Defender Thomas Rigsby said there was no hearing to allow a judge to examine the conflicting issues in the case. He said Ikeuchi should have the chance to be represented by a lawyer and a medical expert at the court hearing.

Deputy Attorney General Susanne M. Sliwa told the Nevada Supreme Court that the state followed all of the correct procedures in Ikeuchi's case. But Sliwa agreed the case should be returned to district court for a hearing, in light of the decision by the U.S. Supreme Court.