Coversheet For Dmh And Ddsn Evaluation Orders Form (Page 6 of 8) in pdf

psychiatric or psychological evaluations of the juvenile. Nothing herein shall be construed to

require counsel to divulge any information, documents, notes, or memoranda that are protected

by attorney-client privilege or work-product doctrine.

DUTIES OF DEFENSE COUNSEL. Unless the prosecution is the party moving for

this evaluation, defense counsel has the responsibility to file, serve, and transmit this order as

outlined in the final paragraph below. Defense counsel does not have the right to attend any

clinical interview scheduled pursuant to this Order, nor does the juvenile have a constitutional

right to compel counsel’s attendance. State v. Hardy, 283 S.C. 590, 325 S.E.2d 320 (1985). The

Court recognizes, however, that circumstances may arise through which the examining agency

may request counsel’s attendance to facilitate the examination. In the event that such a

determination is made, the examining agency may request counsel’s attendance in writing, and

counsel’s level of participation shall be prescribed by the examining agency’s written evaluation

protocol. In this event, because of the substantial number of individuals awaiting examination,

such interviews cannot be rescheduled, postponed, or canceled to accommodate counsel except

upon presentation to the examining agency of a written statement from a circuit court or family

court judge that counsel’s attendance is required in Court at the time the examination is

scheduled. Whether or not defense counsel is requested to attend the clinical interview, defense

counsel must meet with the juvenile prior to the interview to discuss this Court order, the

evaluation process, the clinical interview, the juvenile’s rights with regard to the clinical

interview, and penalties associated with non-appearance and non-cooperation. Failure to comply

with these requirements may result in sanctions for defense counsel. The juvenile’s refusal to

participate at the interview because of the absence of counsel will be deemed non-cooperation.

Failure of the juvenile to cooperate or participate in the interview may result in cancellation of

the interview, examiners being unable to offer an opinion on competency to stand trial, and the

case being called for trial without completion of the evaluation.

FILING, SERVICE, AND TRANSMITTAL OF ORDER. It is the responsibility of

counsel for the party requesting the evaluation to file and serve this order as outlined herein. In

the event the evaluation has been requested by consent, or the moving party cannot be

determined, defense counsel shall be responsible. After being signed by the Court, the original

order without attachments shall be immediately filed with the Clerk of Court and a certified copy

served upon the opposing party. Further, within five (5) business days, a certified copy of this

order, together with the attachments listed at the end of this order, must be served upon the

SCCA 487 (12/2009)

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Coversheet For Dmh And Ddsn Evaluation Orders Form Page 6