My client appears unstable or incompetent. How do I arrange to have him or her assessed? Who pays for the assessment?

Pursuant to N.J.S.A. 2C:4-4, no person who lacks capacity to understand the proceedings against him/her or who cannot assist in their own defense shall be tried, convicted or sentenced for the commission of an offense as long as the incapacity is present. If there is reason to doubt the defendant’s ability to proceed, the prosecutor, defense counsel or the court on its own motion, may seek to appoint a qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant. N.J.S.A. 2C:4-5. The findings of this evaluation may determine the disposition of the charges. See N.J.S.A. 2C:4-6.