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Appeals court weighs fairness of denying expert funds in sex-offender registry hearing

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Summary

An appellant challenging the Sex Offender Registry Board’s (SORB) level found the hearing examiner denied requested expert funding and relied on treatment-center risk assessments; appellant counsel argued denial made the hearing unfair and sought remand for a new hearing.

The appeals panel heard argument in John Doe v. Sex Offender Registry Board (docket 24P357) about whether a hearing examiner’s denial of funds for a defense expert rendered the SORB hearing unfair and arbitrary.

Rebecca Rose, counsel for the appellant, told the court the hearing examiner allowed the board to present treatment-center assessments that linked the appellant’s sexual conduct to risk and “deviance,” but would not permit the appellant to hire an expert to rebut those conclusions. Rose argued that denial of expert funds deprived her client of a fair opportunity to confront and counter the expert-based evidence; she asked the court to…

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