The California Department of Justice has filed a petition for a writ of mandate with the Fifth District Court of Appeal, asking the court to review a Kern County judge’s December 2025 decision to allow former Kern County Supervisor Zack Scrivner to enter a mental health diversion program instead of going through the regular criminal court process.

A writ of mandate is a request asking a higher court to step in and make sure a lower court or government official does what the law requires. In this case, it asks the appeals court to look at the judge’s decision and decide if it should be changed. The Fifth District Court of Appeal will decide whether to take the case and what happens after that.

Mental health diversion is a program that allows a defendant with a qualifying mental health disorder to receive treatment instead of going through the normal criminal court process. If the person successfully completes treatment, the charges can be dismissed.

Scrivner has been accused of sexually assaulting one of his children while under the influence of drugs in April 2024. 

In an email, the Attorney General’s office confirmed it filed the petition with the appeals court but did not explain why it is challenging the decision.