The Texas criminal justice system has been a default mental health services provider for many Texans, but courts don't have enough resources for the task, according to the state's two high courts.

That's one problem that the Texas Supreme Court and Court of Criminal Appeals aim to solve by joining together to create the Judicial Commission on Mental Health.

The highest levels of judicial leadership must act to improve the lives of defendants with mental health issues, said a Feb. 13 order establishing the commission.

“Courts and the justice system have a profound impact on mental health services,” the order said. “Courts must make life-altering decisions that require knowledge of multiple and complex issues.”

Previously, the Texas Judicial Counsel established a mental health committee to study the issue. It determined that Texas needed more resources to ensure that mental health professionals provide timely and complete mental health assessments; defendants have access to community mental health services; and there are available outpatient services, inpatient facilities and jail-based programs to provide competency restoration.

The previous committee found that dockets are so crowded that judges don't have enough time to consider a defendant's, child's or family's mental illness issues. The courts, mental health providers and attorneys have a lack of communication and coordination. Courts need better technology to manage their dockets and track cases involving mental health problems. Lawyers need training and fair compensation, while defendants need a voice in decisions affecting their lives.

The new joint commission will be developing, implementing and coordinating policies to improve how the courts interact with and administrate justice for children, adults and families who have mental health needs.

The 14-member commission will be co-chaired by Texas Supreme Court Justice Jeff Brown and Court of Criminal Appeals Judge Barbara Hervey, and include people from all levels of the judicial system, mental health foundations and other state and local leaders. There could be nonvoting members from other branches of the state government and perhaps an advisory council of experts in the broader mental health and judicial systems.

Eventually, the new commission will come out with a plan to strengthen the justice system's interaction with the state's mental health system. It will find ways for courts to more effectively reach good outcomes for Texans with mental illness, using best practices and methods based on data, evidence and outcomes. There's a goal to improve communication and collaboration between the courts and mental health system stakeholders. The commission is tasked with trying to increase resources and funding, and to promote judicial training about mental health.

Angela Morris is a freelance reporter. Follow her on Twitter at @AMorrisReports