State v. C. J. C.
State v. C. J. C.
Opinion of the Court
Appellant in this civil commitment case appeals an order by the trial court finding her to be a person with a mental illness and committing her to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130; ORS 426.005(1)(f). On appeal, in her first assignment of error, appellant contends that the trial court plainly erred when it failed to advise her of her rights in accordance with ORS 426.100(1).
Reversed.
Pursuant to ORS 426.100(1),
“[a]t the time the person alleged to have a mental illness is brought before the court, the court shall advise the person of the following:
“(a) The reason for being brought before the court;
“(b) The nature of the proceedings;
“(c) The possible results of the proceedings;
“(d) The right to subpoena witnesses; and
“(e) The person’s rights regarding representation by or appointment of counsel.”
Based on our resolution of appellant’s first assignment of error, we need not reach her second assignment, in which she contends that the trial court erred “by finding that appellant had a mental illness.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.