State v. B. A. F. (In re B. A. F.)

414 P.3d 486, 290 Or. App. 1
CourtCourt of Appeals of Oregon
DecidedJanuary 31, 2018
DocketA162865
StatusPublished
Cited by9 cases

This text of 414 P.3d 486 (State v. B. A. F. (In re B. A. F.)) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. B. A. F. (In re B. A. F.), 414 P.3d 486, 290 Or. App. 1 (Or. Ct. App. 2018).

Opinion

EGAN, C. J.

*2Appellant in this civil commitment case appeals a judgment committing him to the jurisdiction of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. On appeal, he asserts that the trial court plainly erred by failing to advise him of possible outcomes of the proceedings as required by ORS 426.100(1).1 In response, the state asserts that, because appellant's 180-day commitment period has expired, we should dismiss the appeal as moot. In the alternative, the state contends that, in any event, the trial court did not err when advising appellant of the possible results of the commitment hearing. As explained below, we reject the state's contention that the appeal is moot. Furthermore, in light of our recent decision in State v. M. M. , 288 Or.App. 111, 405 P.3d 192 (2017), we agree with appellant that the trial court plainly erred in failing to advise him of all of the possible results of the proceedings. Accordingly, we reverse.

We begin by addressing the issue of mootness. As noted, the state asserts that the case is moot because the 180-day commitment period has expired. According to the state, there are not sufficient collateral consequences such that resolution of the issues will have a practical effect on appellant's rights. Appellant responds that the long-term consequences of commitment are significant. Among other things, appellant points to the *488social stigma associated with civil commitment in support of his view that his appeal is not moot.

As the state acknowledges, contrary to its assertion that this case is moot, in State v. Van Tassel , 5 Or.App. 376, 385, 484 P.2d 1117 (1971), we held that an appeal from a civil commitment order does not become moot after the expiration of the commitment period. Specifically, we explained that involuntary commitment as a result of mental illness carries with it significant social stigma and that stigma constitutes a deleterious collateral consequence. In the state's *3view, however, we should overrule our holding in Van Tassel . In support of its position, the state points out that, by statute, records of civil commitments are confidential. See ORS 426.160. Furthermore, the state contends that there is "good reason to question whether the reasoning in Van Tassel regarding the social effect of an involuntary commitment remains intact in light of changing societal attitudes toward mental illness and its treatment."

As we have explained, we will overrule a case only when it is "plainly wrong, a rigorous standard grounded in presumptive fidelity to stare decisis ." State v. Civil , 283 Or.App. 395, 406, 388 P.3d 1185 (2017) (internal quotation marks omitted); see State v. Ortega-Gonsalez , 287 Or.App. 526, 540 n. 5, 404 P.3d 1081 (2017) ("[T]he party seeking to change a precedent must affirmatively persuade us that it is clearly wrong.").

We begin by observing that, although Van Tassel was decided in 1971, we have more recently reaffirmed its reasoning that the stigma attendant to involuntary civil commitment is an important collateral consequence. In 2002, we held that, in light of the stigma attendant to a civil commitment, an appeal from an order continuing commitment, like an initial commitment order, does not become moot not-withstanding the expiration of the period of commitment:

"We conclude that this case is not moot. Although continuation of commitment obviously differs from an initial commitment in certain respects, the stigma that arises from commitment is a function not only of the fact of commitment but, also, of its duration. Bluntly, the longer someone is committed for a mental illness-six months versus one year; one year versus three years-the greater the attendant stigma. Like Chief Judge Schwab in Van Tassel , we decry the ignorance that generates such attitudes among many in our society. But they are undeniable."

State v. E. A. L. , 179 Or.App. 553, 556, 41 P.3d 440 (2002). We have continued to acknowledge the significant stigma associated with involuntary civil commitment in more recent appeals even though civil commitment records have been confidential throughout that time. See State v. S. R. J. , 281 Or.App. 741, 749, 386 P.3d 99 (2016) (acknowledging social *4stigma attendant to civil commitment); State v. D. R. , 239 Or.App. 576, 582, 244 P.3d 916 (2010) (acknowledging serious "social stigma that [is] attendant to a civil commitment"); State v. G. L. , 238 Or.App. 546, 558, 243 P.3d 469

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Bluebook (online)
414 P.3d 486, 290 Or. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-b-a-f-in-re-b-a-f-orctapp-2018.