San Mateo — 17-143

Source: https://sanmateo.courts.ca.gov/system/files/17-143.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 11 12 13 “14 15 16 17 18 19 20 21 23 24 25 SAN MATEO OGUNTY APR 05 2017 ba A MO ; By DEPUTY CLERK iO. IN THE SUPERIOR COURT OF CALIFORNIA STANDING ORDER 17-143_ IN AND FOR THE COUNTY OF SAN MATEO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO ) ORDER AUTHORIZING A JUDGE TO ) ORDER ONLY ONE FORENSIC ) EVALUATION OF A DEFENDANT ) IN ALL MISDEMEANOR CASES ) WHERE DEFENSE RAISES THE ISSUE ~ ). OF THE DFENDANT’S COMPETENCY ) UNLESS IN THE INTEREST OF ) JUSTICE IT IS DEEMED NECESSARY ) TOORDER TWO EVALUATIONS ) PURSUANT TO PENAL CODE ) SECTION 1369 WHEREAS, the California Penal Code section 1369 (a) provides: “(a The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant's counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof.” ; and WHEREAS, it has been the policy of this Court that two psychiatrists or licensed psychologists have been appointed to conduct such evaluations on defendants in misdemeanor cases; and ; . WHEREAS, while the Court has had sufficient resources in the past to conduct the ordered evaluations, there has beena rise over the past two years in the number of requests for competency evaluations that has resulted in an increase in the number of ordered evaluations by the Court; and WHEREAS, the resources to provide doctors to conduct the evaluations has been taxed and they are no longer able to comply with the time frame within which to conduct the

STANDING ORDER PERMITTING ONLY ONE COURT ORDERED EVALUATION IN MISDEMEANOR CASES WHERE DEFENSE HAS RAISE THE ISSUE OF COMPETENCY PURSUANT TO PENAL CODE SECTION 1369(a)

10 HW 12 13 14 15 16 17 18 19 20 21 22 23 24 _ 25 evaluations and submit their reports that now results in continuances of hearings in order for them to complete their evaluations; and WHEREAS, the Court is unable to provide timely resolutions of the defendant’s competency thus impacting the administration of justice; and WHEREAS, the San Mateo County District Attorney in consultation with the San Mateo County District Attorney’s Office and the Superior Court’s Criminal Division Judicial leadership have agreed to change its past policy of appointing two forensic doctors to conduct forensic evaluations of misdemeanor defendants. NOW THEREFORE FOR GOOD CAUSE SHOWN AND UNDER THE AUTHORITY PROVIDED UNDER PENAL CODE § 1369(a) IT IS HEREBY ORDERED AND DECREED, that the judicial officers of the Superior Court of California, County of San Mateo will appoint only one psychiatrist or licensed psychologist to conduct a forensic evaluation of a misdemeanor defendant if the issue of the defendant’s competency is raised by the defense. IT IS FURTHER ORDERED that if the defense does not raise the issue of the defendant’s competency and for any other situation at the Court’s discretion, the judicial officer can order two evaluations to be performed initially. IT IS FURTHER ORDERED that this order shall remain in effect indefinitely and until such time as the order is vacated or superseded by order of the Presiding Judge or by changes to the applicable laws. Ip ni pares: «APR O'S 2017 Susan I. Etezadi oo Presiding Judge

STANDING ORDER PERMITTING ONLY ONE COURT ORDERED EVALUATION IN MISDEMEANOR CASES WHERE DEFENSE HAS RAISE THE ISSUE OF COMPETENCY PURSUANT TO PENAL CODE SECTION 1369(a)