State v. J. J. S. (In re J. J. S.)
State v. J. J. S. (In re J. J. S.)
Opinion of the Court
*857Appellant seeks reversal of an order of civil commitment. She argues that the trial court erred in denying her motion to dismiss, because she was held for more than five judicial days prior to a hearing. The state attributes the delay to appellant's attorney. Because the delay cannot be explained that way, we reverse.
Appellant's mental health providers placed her under a hospital hold on July 31, 2018, pursuant to ORS 426.232.
*1143At the commitment hearing on August 8, a new attorney represented appellant. Appellant moved to dismiss the case, because the court did not hold the hearing within five judicial days of the hospital hold and because the delay could not be explained by postponement at the request of a party. See ORS 426.095(2)(c) (providing for good *858cause postponement when requested by the parties).
On appeal, appellant assigns error to the trial court's denial of her motion to dismiss, arguing that dismissal was required for failure to conduct a hearing within the five-day period required by ORS 426.232(2). Appellant acknowledges that the statute authorizes the court to postpone a hearing on the motion of a party for "good cause" under ORS 426.095 (2)(c), but she argues that the statute does not authorize the court to postpone the hearing on its own motion. The state responds that the trial court did not commit reversible error, because appellant "invited" any error because her attorney appeared late at the earlier hearing for a different client on August 7, and that, in turn, caused the court to postpone this matter.
We have previously observed that, under ORS 426.232(2), a licensed independent practitioner
"may detain a person for emergency care or treatment for mental illness, provided that the [licensed independent practitioner] immediately notifies certain specified local mental health personnel. However, the person may not be held for longer than five judicial days without a hearing except in certain circumstances. ORS 426.232(2) ; ORS 426.234(4) ; ORS 426.095(2). See State v. A. E. B. ,196 Or. App. 634 , 635,106 P.3d 647 (2004) (so explaining)."
State v. W. B. R. ,
*859That statute "permits a 'good cause' postponement of a commitment hearing past the five-day judicial deadline, [but] that procedure is available only 'when requested' by certain parties, and only 'to allow preparation for the hearing.' " W. B. R. ,
Here, appellant was detained on July 31, 2018, and the commitment hearing was held on the sixth judicial day, August 8, 2018. The court denied appellant's motion to dismiss, concluding that the court was "not physically able" to conduct appellant's hearing on the prior day because of her counsel's tardiness and restrictions on the court's ability to hold after-hours hearings. None of the parties listed in ORS 426.095(2)(c) requested postponement of the hearing, and there was no developed record demonstrating "good cause," as required by ORS 426.095(2)(c). Rather, the court, on its own motion, postponed appellant's hearing, causing appellant to be held *1144longer than five judicial days. Under such circumstances, a court commits reversible error when it denies a motion to dismiss. See, e.g. , W. B. R. ,
Nevertheless, the state contends that whatever error the trial court may have committed is not reversible because defendant "invited the error." The state argues that appellant was "actively instrumental in bringing about" the alleged error, because her trial counsel's tardiness for the *860prior hearing on a matter for a different client rendered the court "physically incapable of conducting" appellant's hearing as scheduled.
Under the "invited error doctrine," this court will not reverse the trial court's error if the party seeking reversal is "actively instrumental in bringing about" the alleged error. State v. Saunders ,
The invited error doctrine has no application in these circumstances. Here, the alleged error is the trial court's denial of appellant's motion to dismiss. Appellant did not "invite[ ] the trial court to rule [that] way." Saunders ,
To the extent that, by invoking "invited error," the state seeks to argue that appellant created the circumstances that gave rise to the need for postponement, the *861argument is inapt. The state has not offered authority for a blame-shifting argument, nor has the state developed a doctrinal explanation such as estoppel or waiver. See Beall Transport Equipment Co. v. Southern Pacific ,
For those reasons, we conclude that the trial court erred in denying appellant's motion to dismiss.
Reversed.
In relevant part, ORS 426.232 provides:
"(1) If a licensed independent practitioner believes a person * * * is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness, * * * the licensed independent practitioner may do one of the following:
"(a) Detain the person and cause the person to be admitted * * *.
"(b) Approve the person for emergency care or treatment at a nonhospital facility approved by the authority.
"(2) * * * However, under no circumstances may the person be held for longer than five judicial days."
Judicial days are calculated by excluding the first day, including the last day, and not counting weekends or holidays. See State v. L. O. W. ,
In relevant part, ORS 426.095(2)(c) provides:
"If requested under this paragraph, the court, for good cause, may postpone the hearing for not more than five judicial days in order to allow preparation for the hearing. * * * Any of the following may request a postponement under this paragraph:
"(A) The person alleged to have a mental illness or the person alleged to be an extremely dangerous person with mental illness.
"(B) The legal counsel or guardian of the person.
"(C) The individual representing the state's interest."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.