United States v. Joseph Brooks

Among the most weighty decisions our society can make is to subject someone to a powerful medication against his or her will. The government must meet the demanding standard set by the Supreme Court in Sell v. United States, 539 U.S. 166 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003), before involuntary medication may be administered in an effort to restore a defendant’s competency to stand trial. This case requires that we consider whether the district court appropriately authorized involuntary medication in order to render Joseph Brooks competent to stand trial for arson. Brooks and the government agree that remand is necessary so that specific time limitations may be added to the district court’s order authorizing involuntary medication. Because over a year has passed since the district court’s order was entered, we believe a new Sell inquiry is required, and we take this opportunity to provide additional guidance concerning the procedures to be followed on remand.

BACKGROUND

Joseph Harvey Brooks, age 53, has a lengthy history of mental health issues including paranoid schizophrenia. This is not the first time a government entity has sought to medicate Brooks against his…