(dissenting). The majority’s statement that the "Court of Appeals accurately recounted that competency reports that have not been admitted into evidence have traditionally been viewed as confidential in Michigan, and that public access would not 'play[ ] a significant positive role in the functioning of the particular process in question,’ ” ante, pp 740-741 (emphasis added), ignores the following statement by the district judge who was sitting as trier of fact:
I have looked at [the competency report] in it’s [sic] entirety. Dr. Rosen [a Recorder’s Court Clinic’s psychiatrist] indicated that he interviewed Mr. Atkins for approximately 2 hours on September 9th and 10th of this year. . . . Based on this report, which I have examined in full, and the stipulations between the parties, I do find Benjamin Thomas Atkins, competent to stand trial on all 3 matters. [Emphasis added.]
*742Since the competency report was the basis of the judge’s decision finding the defendant competent to stand trial, it should be deemed to have been admitted in evidence without regard to whether it was formally admitted in evidence.
I would grant leave to appeal.
Mallett, J., concurred with Levin, J.