Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

A: Why are you posting this in Minnesota? You state, "but office is located in a different state and no license for Colorado."

A: This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations, and this delay could be an issue worth discussing with your attorney.

2. Out-of-state evaluator: Generally, mental health professionals should be licensed in the state where they're practicing or providing services. An out-of-state evaluator may not be familiar with local laws and procedures, which could be problematic for a competency evaluation.

3. Telehealth considerations: While telehealth has become more common, especially since the COVID-19 pandemic, there are still legal and ethical considerations regarding cross-state practice.

4. Legitimacy concerns: Given that part of your competency question relates to your doubts about court officers' identities, it's understandable that you'd have concerns about an out-of-state evaluator.

5. Compliance vs. rights: While it's important to comply with court orders and demonstrate your willingness to participate in the process, you also have the right to ensure that proper procedures are followed.

Given these factors, here are some suggestions:

1. Contact your public defender immediately: Your attorney should be your primary point of contact for these concerns. They can advise you on the legality of the situation and potentially file objections if necessary.

2. Document your concerns: Write down your specific concerns about the evaluator's credentials and licensing status.

3. Consider requesting a delay: If you can't reach your attorney before the scheduled evaluation, you might consider politely requesting a brief delay to consult with your lawyer. However, be aware that this could potentially be seen as non-compliance, so it's crucial to express your willingness to participate once your concerns are addressed.

4. Participate under protest: If you decide to go through with the evaluation, clearly state at the beginning that you're participating under protest due to concerns about the evaluator's licensing status. This preserves your right to challenge the evaluation later if necessary.

5. Seek clarification: During the evaluation, you could politely ask the psychiatrist about their licensing status and experience with Colorado law. This information could be relevant to your case.

Remember, it's crucial to balance your need to comply with court procedures against your right to a fair and proper evaluation. Your public defender is best positioned to advise you on how to navigate this situation. If you can't reach them before the scheduled evaluation, proceed cautiously and document everything.