In Re Tavares

OPINION

Justice FLAHERTY,

for the Court.

A challenge to the authority of a Superi- or Court justice to continue a forensic commitment to ensure that a criminal defendant remains competent brings this matter before the Court. The petitioner, the Department of Mental Health, Retardation and Hospitals (MHRH or department), contends that the hearing justice improperly ordered the respondent, Anthony Tavares, to remain committed at MHRH’s forensic unit after an examining physician made a finding of competency.

In November 2001, Tavares was arrested for the murder of his social worker, Glen Hayes.…