State v. K. D.

340 Or. App. 270

• Court: Court of Appeals of Oregon
• Decided: April 30, 2025
• Docket: A185146
• Status: Unpublished

Opinion

270 April 30, 2025 No. 394

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1)

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of K. D., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. K. D., Appellant. Marion County Circuit Court 24CC04279; A185146

Drew P. Taylor, Judge pro tempore. Submitted March 14, 2025. Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Chief Judge, and Egan, Judge. EGAN, J. Reversed. Nonprecedential Memo Op: 340 Or App 270 (2025) 271

EGAN, J. Appellant seeks reversal of a judgment commit- ting her to the Oregon Health Authority for a period not to exceed 90 days. The trial court entered that judgment after finding that appellant suffered from a mental illness. See ORS 426.005(1)(f). We reverse.1 Appellant argues that the trial court plainly erred in failing to issue a citation to her that included the spe- cific reasons that she was believed to have a mental illness that would subject her to commitment, as required by ORS 426.090. The state concedes the error. Having reviewed the record, we agree with and accept the state’s concession. By failing to issue a citation that complies with ORS 426.090, the state failed to comply with the procedures governing civil commitments. State v. B. L. W., 335 Or App 639, 640-41, 560 P3d 639 (2024). There is no indication that appellant waived those procedural protections. Id. at 641. Given the nature of civil commitment cases, the interests of the parties, the gravity of the error, and the ends of justice, we exercise discretion to correct the plain error. State v. T. C., 327 Or App 558, 571, 536 P3d 591 (2023), rev den, 371 Or 825 (2024). Reversed.

1 As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.