CHEYENNE K. v. Superior Court

Petitioner, the minor, Cheyenne K., seeks an order from this court holding that, as a matter of law, the juvenile court must exclude the public, including a representative of real party in interest, The Modesto Bee (The Bee), from a hearing to determine petitioner’s competency to stand trial.

Statement of the Case and Proceedings

Pursuant to Welfare and Institutions Code section 602, petitioner was charged with the murder of his girlfriend, Yvette S. After the petition was filed, the juvenile court found there was doubt regarding his competency. The court suspended proceedings and ordered a hearing pursuant to James H. v. Superior Court (1978) 77 Cal.App.3d 169 [ 143 Cal.Rptr. 398 ] and In re Mary T. (1985) 176 Cal.App.3d 38 [ 221 Cal.Rptr. 364 ] to determine whether petitioner understood the nature of the proceedings and could rationally assist counsel.

The Bee learned that petitioner would seek to exclude the public from the competency hearing and filed a motion in intervention seeking admission to the hearing pursuant to section 676, which at the time provided in relevant part: “(a) Unless requested by the minor concerning whom the petition has been filed and any…