Ex Parte Order For Forensic Evaluation {10-742}

10-742. Ex parte order for forensic evaluation.STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTIn the Matter of , a Child.No. EX PARTE ORDER FOR FORENSIC EVALUATION This matter came before the court on the ex parte motion of counsel for Child, pursuant toAke v. Oklahoma, 470 U.S. 68 (1985), and Article II, Sections 10, 14, 15, and 18 of the NewMexico Constitution, and after being fully advised, the court HEREBY ORDERS as follows:1.The forensic evaluator shall provide a confidential forensic evaluation for the benefit ofthe defense on such issues as defense counsel specifically raises and believes are likely to be asignificant factor in the defense. The forensic evaluator may be provided by Department ofHealth contract or retained through the New Mexico Public Defender Department.2.The results of the examination, including underlying data, are confidential and are not tobe disclosed to anyone other than defense counsel without a court order.3.Rules 10-232(A) and 10-241(D) NMRA govern disclosure relating to any evaluationsconducted.1 4.The forensic evaluator shall meet with Child no later than two weeks from the time ofservice of this order.5.This order is to be sealed by the clerk222s office upon filing and not unsealed without acourt order.DISTRICT JUDGEAttorney for ChildUSE NOTE1.When the Rules of Criminal Procedure for the District Courts apply, use Rules 5-502, 5-602, and specifically 5-602(E) NMRA. See Rule 10-101(A) NMRA.[Adopted by Supreme Court Order No. 11-8300-034, effective September 9, 2011; 10-496Erecompiled and amended as 10-742 by Supreme Court Order No. 16-8300-017, effective for allcases pending or filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com