State asks judge for clarification in competency ruling

SEATTLE (AP) - A state lawyer wants a federal judge to clarify portions of her ruling that found that the state’s practice of holding mentally ill people in jails while they await competency services was unconstitutional.

U.S. District Judge Marsha Pechman issued a permanent injunction against the state on April 2. It requires Washington to provide services within a week of a judge’s order for a competency evaluation or treatment.

Assistant Attorney General John McIlhenny filed a motion on Thursday asking Pechman to clarify or reconsider several points - including when the clock starts on the seven-day timeline.

McIlhenny says the order doesn’t clearly say whether the seven-day period starts when a state judge signs an order for a competency evaluation, or whether it starts once the department receives that order.