There has been no change in Mitchell's mental status despite nearly five months at the Utah State Hospital, according to doctors' reports reviewed by 3rd District Judge Judith Atherton.

Mitchell's case is complicated by his continuing refusal to cooperate with doctors at the hospital.

Nevertheless, Atherton found there is a likelihood that Mitchell can be made competent and she ordered him to remain at the hospital another 12 months for treatment.

She scheduled another competency review for Dec. 18, 2006, at which time she may order a final 18-month stint of treatment.

In summer of 2004, Mitchell's attorneys agreed he was competent for trial.

But last December, Mitchell began singing during court appearances and refusing to speak to his defense team.

Mitchell first burst into song during a Dec. 3, 2004, court appearance - with "O come, O come, Emmanuel," a 12th century Christian hymn that has become a Christmastime staple.

During subsequent hearings, he sang other hymns and shouted fire-and-brimstone warnings, repeatedly prompting his removal from the courtroom.

There was no singing on Monday because Mitchell was not present in court. Defense attorneys had waived Mitchell's appearance and the defendant was not transported from the Utah State Hospital, where he has been housed since August.

Atherton deemed Mitchell incompetent last July following several hearings during which experts on both sides of the competency question testified.

Mitchell's wife and co-defendant, Wanda Eileen Barzee, has reportedly taken a vow of silence she claims is ordered by God and also is refusing to cooperate with doctors.

Doctors now say that forced medication is the last option for Barzee, who has been at the state hospital since March 2004.

A hearing on whether to force Barzee to take anti-psychotic drugs is set for Feb. 16 before Atherton.

Mitchell, 52, and Barzee, 60, allegedly kidnapped then-14-year-old Elizabeth Smart on June 5, 2002, from her Federal Heights home, apparently to make her become a plural wife.

Elizabeth was rescued nine months later, on March 12, 2003, after the three were spotted walking down a street in Sandy.