Rule 11.1 Definitions, Effect of Incompetence, and Right to Counsel

(a) Definitions.

(1) Mental Illness, Defect, or Disability. “Mental illness, defect, or disability” means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease, and developmental disabilities as defined in A.R.S. § 36-551.

(2) Incompetence. “Incompetence” means a defendant is unable to understand the nature and objective of the proceedings or to assist in his or her defense because of a mental illness, defect, or disability.

(b) Effect of Incompetence. A defendant may not be tried, convicted, or sentenced while that defendant is incompetent. A defendant is not incompetent to stand trial merely because the defendant has a mental illness, defect, or disability. This rule does not bar a court from proceeding under A.R.S. §§ 36-3707(D) or 13-4521.

(c) Right to Counsel. During proceedings under this rule, a defendant is entitled to representation by counsel as provided in Rule 6.