Expert: Bruce Borkosky, Psy.D. - 4/5/2010

Question
I was researching competency to stand trial and was wondering if individuals who conduct the evaluations must be certified. In some research articles I have read, evaluations were done by psychiatrists in psychiatric hospitals and some by social workers.  Are there differences from state to state, and if so can you explain Pennsylvania's regulations on this matter?
Thank you.

Answer
Hi, Jennifer, thanks for your question. I believe it to be true that the requirements for evaluators depend on the country, state and, in some circumstances, local jurisdiction. There may be state law that applies. Theoretically, any person can be an expert witness. In practice, it is almost always psychiatrists or psychologists. I don't know the PA laws or rules governing mental health professionals, nor am I familiar with PA legal procedure law (the laws and rules that govern 'how' things get done). I do seem to recall that there might be some persons with Masters degrees who are still licensed as psychologists in PA (there are a few states that permit this, such as WV). So, to answer your question more succinctly, a CST evaluator is 'whoever the judge wants them to be'. The Judges have ultimate say over who they let testify, and sometimes there are surprises! Hope that helps,
Bruce