Court’s Appointment Of Expert Under Evid.Code §§730 & 952 Reversed.

Pursuant to Evidence Code §§730 and 952, the trial judge appointed two experts who work for the Los Angeles County Department of Regional Planning to assist real parties to prepare a map designating where in the county persons required to register as sex offenders may live and comply with Penal Code §3003.5(b) which prohibits them from living within 2,000 feet of any public or private school or any park where children regularly gather. The real parties contend that “because there was no compliant housing in the county, enforcement of the statute is a constitutional banishment.” The Court of Appeal reversed, stating the trial court lacked the authority to appoint Department employees to be experts over the Department’s objection. The real parties were ordered “to immediately turn over to the County all documents, materials, and information provided to them by the two experts.” County of Los Angeles Department of Regional Planning v. Sup. Ct. (Pham)  (Cal. App. Second Dist., Div. 4; August 28, 2012.) (Case Nos. PV000512, PV000533, PV000712 & PV000722).