Order For Criminal Responsibility And Capacity To Conform Evaluation Form (Page 7 of 9) in pdf

the final paragraph below. Defense counsel does not have the right to attend any clinical interview

scheduled pursuant to this Order, nor does defendant 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 Department of Mental Health may request counsel’s

attendance to facilitate the examination. In the event that such a determination is made, the

Department of Mental Health may request counsel’s attendance in writing, and counsel’s level of

participation shall be prescribed by the Department of Mental Health’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 Department of Mental Health of a written statement from a circuit 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 defendant prior

to the interview to discuss this Court order, the evaluation process, the clinical interview, defendant’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.

Defendant’s refusal to participate at the interview because of the absence of counsel will be deemed

non-cooperation. Failure of defendant to cooperate or participate in the interview may result in

cancellation of the interview and examiners being unable to offer an opinion on criminal

responsibility and capacity to conform. Failure to cooperate may further result in the case being

called for trial without completion of the evaluation, and may result in defendant being prohibited

from presenting expert testimony on the issue of insanity or waiver of the insanity defense.

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 Department of Mental Health

at the address listed below. To expedite commencement of the evaluation process and scheduling of

SCCA 222 (02/2012)

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Order For Criminal Responsibility And Capacity To Conform Evaluation Form Page 7