People v. Superior Court CA4/3

INTRODUCTION

The issue presented by this writ proceeding is whether a mental health expert retained by the petitioner in an action brought under the Sexually Violent Predator 1 Act, Welfare and Institutions Code section 6600 et seq. (SVPA), may review the lawfully obtained evaluations of the alleged sexually violent predator and the mental health records and documents supporting those evaluations. Under the facts presented here, we resolve that issue in the affirmative. Richard Anthony Smith is the subject of a commitment petition filed pursuant to the SVPA. The district attorney brought a motion seeking an order to allow a retained expert to review evaluations of Smith conducted under section 6603, subdivision (c)(1) (section 6603(c)(1)) and to review the records and documents supporting those evaluations. Based on a prior unpublished opinion in this matter, the respondent court denied the motion. The respondent court stated, “the district attorney will not be able to hire an expert and will not be able to utilize the documents that are subpoenaed for the expert’s independent review.” The district attorney brought a petition for writ of mandate and/or prohibition to overturn the…