Sehlmeyer
Sehlmeyer v. Department of General Services
Opinion
Opinion
Vogel, J.
We hold in this case that an administrative subpoena duces tecum issued to obtain a third party witness’s personal records must be preceded by notice to the witness.
Facts
Ellen Sehlmeyer complained to the Board of Psychology of the State of California about Craig Stempf, a licensed clinical psychologist. The board initiated disciplinary action against Stempf and a hearing was set before an administrative law judge (acting under the auspices of the Department of General Services of the State of California). In anticipation of the hearing, Stempf served 17 or more subpoenas duces tecum on Sehlmeyer’s past and present physicians and psychotherapists and her former attorneys. Copies of the subpoenas were served on the board but no notice of any kind was given to Sehlmeyer. The records were produced to the ALJ at a prehearing conference and the ALJ gave them to Stempf s attorney.
When Sehlmeyer discovered the disclosure, she filed a petition for a writ of mandate to compel the Department of General Services to quash the subpoenas and return the documents. The Board of Psychology (as one real party in interest) did not oppose the petition and disclaimed any interest in…