Filed
D.C. Superior Court
05/10/2020 07:53AM
Clerk of the Court

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION

IN RE MISDEMEANOR- CHARGED
DEFENDANTS IN COMPETENCY
EVALUATION OR RESTORATION
SENTENCED MISDEMEANANTS

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2020 CNC 000122

ORDER
The Court is in receipt of the Public Defender Service’s Omnibus Emergency Motion for
Immediate Release of Misdemeanor-Charged Defendants in Competency Proceedings in Light of
COVID-19 Pandemic and Suspension of Criminal Proceedings (“PDS Emergency Motion”),
filed on April 2, 2020; the Office of the Attorney General’s Response filed on April 3, 2020
(“OAG Response”); the Public Defender Service’s Supplement to the PDS Emergency Motion
filed on April 7, 2020; the United States Attorney’s Office’s Response to the Defendants’
Request to Immediately Release all Misdemeanants, without Due Regard for Criminal History,
Nature of Offense, Victims’ Rights, or Public Safety, filed on April 13, 2020 (“USAO
Response”); the Public Defender Service’s Motion for Immediate Release of Five Defendants for
Whom the Government Has No Opposition and One Defendant for Whom the Government
Defers to the Court filed on April 14, 2020; the United States Attorney’s Office’s Response to
PDS’s Immediate Release Motion filed on April 14, 2020 ; the Public Defender Services
Clarification Regarding Scope of Representation filed on April 15, 2020 and the Public Defender
Services Reply to Government’s Response and Motion for Release of Seventeen Identified
Individuals, All of Whose Attorneys Have Authorized the Public Defender Service to Seek Their
Clients Release filed on April 16, 2020.

 At the time of PDS’ initial filing one month ago, the Department of Behavioral Health
reported 45 individuals at St. Elizabeths Hospital held in competence proceedings on
misdemeanor charges as well as 12 individuals held at the D.C. Jail in competence proceedings
on misdemeanor charges. Since then, the Court has released six individuals based on the
pleadings submitted and held approximately 40 hearings where the United States government,
Department of Behavioral Health and Department of Corrections were present – the latter in the
cases in which defendants were incarcerated at the jail. As of today, of the original 57
misdemeanant defendants who were incarcerated at either Saint Elizabeths Hospital or the jail,
only eleven individuals are held. Of those eleven, the requests of two who sought release were
denied while the remaining nine, through defense counsel, represented that they no longer sought
release. Of that group of eleven, nine are held at St. Elizabeths Hospital and two are held at the
D.C. Jail.

Appendix A contains a list of all individuals who were held at St. Elizabeths Hospital and
the outcome of their cases. Appendix B contains a list of all individuals who were held at the
D.C. Jail and the outcome of their cases.

WHEREFORE, upon consideration of the foregoing, the Court hereby ORDERS that the
Public Defender Service’s Omnibus Emergency Motion for Immediate Release of MisdemeanorCharged Defendants in Competency Proceedings in Light of COVID-19 Pandemic and
Suspension of Criminal Proceedings and related motions are DENIED AS MOOT.

SO ORDERED this 8th day of May, 2020.

 Judge Michael Ryan
Associate Judge

Copies to:
Avis Buchanan, Director
Public Defender Service for the District of Columbia
Timothy Shea, United States Attorney for the District of Columbia
United States Attorney’s Office for the District of Columbia
Karl Racine, Attorney General for the District of Columbia
Office of the Attorney General for the District of Columbia
Betty Ballester, President
Superior Court Trial Lawyers Division