Minnesota Supreme Court Mandates Counties Pay Legal Fees for Mentally Ill Defendants Awaiting State Placement

Minnesota Supreme Court Mandates Counties Pay Legal Fees for Mentally Ill Defendants Awaiting State Placement

ST. PAUL, Minn. — October 8, 2025

The Minnesota Supreme Court issued a unanimous ruling Wednesday holding that counties must pay the legal fees of mentally ill defendants who seek court orders compelling the state to admit them into treatment facilities. The decision sheds light on Minnesota’s deepening crisis of delayed placements at state-run psychiatric hospitals — a bottleneck that has left defendants found incompetent to stand trial languishing in county jails far beyond the 48-hour legal limit.

The ruling resolves a dispute over whether counties are responsible for paying the costs of filing an extraordinary writ — a legal petition used by defense attorneys to force the state to comply with Minnesota’s statutory requirement that committed individuals be placed in treatment within two days of a court order.

Financial Burden Shifted to Counties

The Supreme Court reversed a lower court decision and concluded that extraordinary-writ filings are part of the legal defense guaranteed to individuals under the Minnesota Commitment and Treatment Act. As such, the “county of financial responsibility” must reimburse court-appointed counsel a “reasonable sum” for their work on these petitions.

The case originated in Scott County, where a man found mentally ill and incompetent to stand trial was held in jail for 63 days while awaiting a bed at a state facility — despite the statutory 48-hour mandate. A district court judge ordered the county to pay more than $16,000 in legal fees to the man’s attorneys. Scott County appealed, arguing that the writ process was outside the scope of required representation. The Supreme Court’s ruling now compels the county to pay that bill, establishing a binding precedent for similar cases statewide.

Systemic Issues Under Scrutiny

County officials expressed frustration with the ruling, warning that it imposes additional financial strain on local governments for a problem they say stems from the state’s lack of treatment capacity. Scott County Attorney Ron Hocevar said the decision “creates a huge burden,” arguing that counties should not be forced to pay for costs arising from the state’s failure to provide adequate mental health facilities.

Writing for the majority, Justice Theodora Gaïtas acknowledged the financial burden on counties but emphasized that the law requires compensation for legal services in such cases. In a concurring opinion, Justice Anne McKeig urged the Legislature to consider a statutory amendment making the state — rather than counties — responsible for these costs, noting that the underlying issue of delayed placements “is ultimately a state problem.”

Longstanding Capacity Shortages

Minnesota continues to face significant shortages of psychiatric and forensic treatment beds at state-operated facilities, including the Minnesota Security Hospital in St. Peter and other regional centers. A July 2025 report from the Minnesota Department of Human Services documented ongoing “waitlist backlogs,” with individuals found incompetent to stand trial often held for weeks or months in county jails or hospital emergency departments due to lack of space.

These extended delays have drawn criticism from judges, attorneys, and mental health advocates, who argue that jail settings are ill-equipped to handle people with acute psychiatric needs. Counties have long shouldered the financial burden of housing and providing medical care for these individuals — a situation now compounded by the Supreme Court’s directive to cover additional legal fees.

Call for Legislative Action

While reaffirming counties’ financial responsibilities, the Supreme Court emphasized that the Legislature, not the judiciary, must resolve the underlying capacity crisis. Lawmakers have recently approved new funding to expand state hospital bed capacity and reduce wait times, but court observers and advocates say those efforts have not yet eliminated the backlogs.

Mental health advocates hailed the court’s decision as a victory for defendants’ rights, ensuring they have access to counsel when challenging unlawful detention. County leaders, however, warned that without state intervention, the decision could deepen fiscal pressures on local governments already struggling to manage jail overcrowding and mental health care obligations.

The ruling sends a clear message to policymakers: until the state expands its mental health infrastructure, counties will continue to bear the financial and moral cost of a system where defendants too ill to stand trial remain in jail instead of receiving the treatment they are legally owed.

MinneapoliMedia