Appellate Court Rejects Municipal Judge’s Claimed Authority to Order Competency Evaluations

A Missouri Court of Appeals panel denied a Kansas City judge’s claim this week that he had the authority to order the state’s mental health department to complete competency evaluations on a dozen defendants accused of violating municipal ordinances.

The Missouri Court of Appeals for the Western District denied Kansas City Municipal Judge Michael C. Heffernon’s attempts to appeal a writ of prohibition that prohibited him from ordering the Department of Mental Health (DMH) to complete evaluations on 12 defendants accused of violating city ordinances. Heffernon appealed a final judgment by the Jackson County Circuit Court, which ruled that he did not have such authority under Missouri Revised Statutes Section 552.020, which outlines criminal proceedings involving mental illness.

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