State v. JDC

204 P.3d 162, 226 Or. App. 563
CourtCourt of Appeals of Oregon
DecidedMarch 19, 2009
Docket07006CF, A135538
StatusPublished

This text of 204 P.3d 162 (State v. JDC) 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. JDC, 204 P.3d 162, 226 Or. App. 563 (Or. Ct. App. 2009).

Opinion

204 P.3d 162 (2009)
226 Or. App. 563

In the Matter of J.D.C., Alleged to be a Mentally Ill Person.
STATE of Oregon, Respondent,
v.
J.D.C., Appellant.

07006CF, A135538.

Court of Appeals of Oregon.

Argued and Submitted January 21, 2009.
Decided March 19, 2009.

*163 Tom Coleman argued the cause and filed the brief for appellant.

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Appellant, an allegedly mentally ill person, appeals an order in which the trial court found him to be mentally ill as defined in ORS 426.005(1)(d) and committed him to the Mental Health Division. ORS 426.130(1)(b)(C). Appellant makes four assignments of error; we address only the first. We affirm.

Appellant argues that the advice the court gave him at the beginning of the hearing was insufficient to satisfy ORS 426.100(1)(c). ORS 426.100(1) provides:

"At the time that the allegedly mentally ill person 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."

(Emphasis added.) In advising appellant of his rights, the court stated:

"I am required by statute to advise you of certain rights, and—so that you understand what's brought you before the Court. The reason for being brought before the Court, and the nature of the proceeding, is that this is a hearing that's being held to determine whether or not you are mentally ill. To be found mentally ill under the statutes, you must not only be diagnosed with a mental illness, but you must also be found to be either a danger to yourself or others, or unable to provide for your basic personal needs. The possible results of the proceedings would be that if you're found mentally ill, you could be placed in a mental hospital for as much as one hundred and eighty days. You have a right to subpoena witnesses, and you have a right to be represented by an attorney."

Appellant contends that, although the court's statement informed him that the *164 hearing could result in his commitment, the court was required and failed to inform him of other possible results of the commitment proceedings that are provided by ORS 426.130—conditional release and discharge. Appellant's argument that he should have been informed of the possibility of discharge is not tenable; he was informed of the possibility of commitment if certain findings were made, and that was sufficient to alert him that he would be discharged if the required findings were not made. Appellant's other argument—that ORS 426.100(1)(c) requires notice of the potential for conditional release—presents a closer question.

The state contends that appellant's claim of incomplete notice is neither preserved in the proceedings below nor plain error on the face of the record so as to allow appellate review under ORAP 5.45.[1] Under that rule, a party claiming error must generally present the claim of error to the trial court before we will consider it on appeal. The purpose of the preservation requirement is to promote both fairness to the parties in making and responding to arguments in a case and efficient judicial administration. Peiffer v. Hoyt, 339 Or. 649, 656, 125 P.3d 734 (2005). The rule applies to mental commitment proceedings. State v. Ritzman, 192 Or.App. 296, 298, 84 P.3d 1129 (2004) (undertaking a plain error analysis after noting that the appellant had not preserved his argument at the commitment hearing). Although appellant contends that the "[e]rror is preserved by the totality of the record," no objection was made to the trial court that the court failed to advise appellant of all possible results of the proceedings. Accordingly, that claim of error was not preserved.

Appellant also argues that the error is apparent on the face of the record and therefore subject to our discretionary plain error review under ORAP 5.45(1). As the state acknowledges, this court has held that a trial court's "failure to provide the advice required by [ORS 426.100] is not only error, but it is plain error that we exercise our discretion to consider despite an appellant's failure to raise and preserve the issue at the hearing." Ritzman, 192 Or.App. at 298, 84 P.3d 1129. However, in Ritzman, unlike the present case, the court failed to give any of the advice required by ORS 426.100, and the error was indisputable. Whether an error in failing to advise appellant of every possible outcome of the proceedings is plain error depends on whether the error was an error of law; "apparent" so that the "legal point is obvious, not reasonably in dispute"; and apparent "on the face of the record" so that we "need not go outside the record or choose between competing inferences to find it, and the facts that comprise the error are irrefutable." State v. Brown, 310 Or. 347, 355, 800 P.2d 259 (1990). Because we find that there is a reasonable dispute as to whether the trial court erred, we conclude that there is no plain error.

We begin with the statutory language. ORS 426.100(1)(c) obligates the court, "[a]t the time the allegedly mentally ill person is brought before the court," to advise the person of "the possible results of the proceedings." The possible results of the proceedings are set out at ORS 426.130.[2] ORS *165 426.130(1)(b)(B) provides that, on a finding of mental illness, the court "[m]ay order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Peiffer v. Hoyt
125 P.3d 734 (Oregon Supreme Court, 2005)
State v. Buffum
999 P.2d 541 (Court of Appeals of Oregon, 2000)
State v. Brown
800 P.2d 259 (Oregon Supreme Court, 1990)
State v. Ritzman
84 P.3d 1129 (Court of Appeals of Oregon, 2004)
State v. May
888 P.2d 14 (Court of Appeals of Oregon, 1994)
State v. J. D. C.
204 P.3d 162 (Court of Appeals of Oregon, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
204 P.3d 162, 226 Or. App. 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jdc-orctapp-2009.