State v. MT

258 P.3d 1288, 244 Or. App. 299
CourtCourt of Appeals of Oregon
DecidedJuly 13, 2011
Docket09503MC A144286
StatusPublished
Cited by10 cases

This text of 258 P.3d 1288 (State v. MT) 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. MT, 258 P.3d 1288, 244 Or. App. 299 (Or. Ct. App. 2011).

Opinion

258 P.3d 1288 (2011)
244 Or. App. 299

In the Matter of M.T., Alleged to be a Mentally Ill Person.
STATE of Oregon, Respondent,
v.
M.T., Appellant.

09503MC; A144286.

Court of Appeals of Oregon.

Submitted June 6, 2011.
Decided July 13, 2011.

*1289 James A. Palmer filed the brief for appellant.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Deputy Solicitor General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

The trial court committed appellant to the custody of the Oregon Health Authority (OHA) on the ground that, as a result of a mental disorder, appellant was dangerous to himself and others. Appellant assigns error to the trial court's failure to provide him with information as required by ORS 426.100(1). For the reasons explained below, we conclude that the trial court committed plain error and reverse.[1]

The relevant facts are procedural and undisputed. Appellant came before the trial court for a civil commitment hearing. Appellant appeared via closed circuit television from the county jail. He was represented by appointed counsel, who was present in the courtroom where the hearing was being held. The court informed appellant that "the purpose of this hearing is to determine whether you suffer from a mental disorder, and if you do, whether as a result of that, you're a danger to yourself, or to others, or you're unable to care for your basic personal needs." The court told appellant that it had appointed counsel to assist him; that the state would call witnesses who would be subject to cross-examination; and that appellant could call his own witnesses after that. The court asked appellants counsel whether he had "review[ed] with [appellant] the nature of the hearing, and the proceedings." Appellant's counsel answered that he had "attempted to do so." The court did not inform appellant of the possible results of the proceeding or his right to subpoena witnesses.

The state called witnesses who testified that appellant suffered from paranoid schizophrenia and was a danger to others. Appellant's counsel called appellant's mother, who is his legal guardian, as a witness. Appellant's mother did not dispute the state's evidence; indeed, she added that appellant's schizophrenia made him a danger to himself. However, she testified that, because of concerns about how appellant had been treated in state facilities in the past, she had "made other arrangements for his care and treatment."

After the presentation of evidence, the trial court concluded that appellant suffered from a mental disorder and, as a result, was dangerous to himself and others. The court committed appellant to the custody of OHA for a period of up to 180 days.

ORS 426.100(1) requires a trial court conducting a civil commitment hearing to advise the allegedly mentally ill person of the reason for, nature of, and possible results of the hearing, as well as the person's rights to subpoena witnesses and be represented by counsel, including appointed counsel. It provides:

"At the time 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."

*1290 The required advice is "essential to the allegedly mentally ill person's understanding of the nature and purpose of the hearing[.]" State v. Maxwell, 164 Or.App. 171, 172, 988 P.2d 939 (1999), rev. den., 330 Or. 71, 994 P.2d 133 (2000). It is an "integral part" of the legislature's attempt "to ensure that all allegedly mentally ill persons get the benefit of a full and fair hearing[.]" State v. Allison, 129 Or.App. 47, 50, 877 P.2d 660 (1994).

A trial court must advise an allegedly mentally ill person of the information specified in ORS 426.100(1) regardless of whether the person is represented by counsel. Allison, 129 Or.App. at 50, 877 P.2d 660 ("Whether or not [an allegedly mentally ill person] is represented by counsel, the court must inform [the person] of the nature and possible outcome of the proceeding."). To comply with that requirement, a court "must either advise the allegedly mentally ill person directly regarding those rights or conduct an examination on the record to determine whether a valid waiver of the right to be advised has been knowingly and voluntarily made." State v. Ritzman, 192 Or.App. 296, 298, 84 P.3d 1129 (2004) (citing State v. May, 131 Or.App. 570, 571, 888 P.2d 14 (1994)).

A trial court's failure to advise an allegedly mentally ill person as required by ORS 426.100(1) "is not only error, but it is plain error that we [may] 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 (citing State v. Tardanico, 132 Or.App. 230, 231, 888 P.2d 15 (1994) (trial court's failure to provide the required information was an error "apparent on the face of the record" and "an egregious one")). In determining whether to exercise our discretion, "we also consider whether the error was harmless." Ritzman, 192 Or.App. at 299, 84 P.3d 1129 (citing State v. Cach, 172 Or.App. 745, 750 n. 4, 19 P.3d 992, rev. den., 332 Or. 316, 28 P.3d 1176 (2001)).

As we have held, the legislature enacted ORS 426.100(1) to ensure that, before a civil commitment hearing, an allegedly mentally ill person is given "sufficient productively usable information to enable the person to take the actions necessary to protect his or her interests." State v. Baffam, 166 Or.App. 552, 556, 999 P.2d 541 (2000), rev. dismissed as improvidently allowed, 335 Or. 142, 61 P.3d 938 (2002). Accordingly, we have held that a trial court's failure to provide an allegedly mentally ill person with the information specified in ORS 426.100

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

Related

State v. M. R.
474 P.3d 463 (Court of Appeals of Oregon, 2020)
State v. S. W. (In re S. W.)
435 P.3d 835 (Court of Appeals of Oregon, 2019)
State v. B. K. (In re B. K.)
434 P.3d 512 (Court of Appeals of Oregon, 2019)
State v. J.R.B. (In re J.R.B.)
418 P.3d 38 (Court of Appeals of Oregon, 2018)
State v. B. A. F. (In re B. A. F.)
414 P.3d 486 (Court of Appeals of Oregon, 2018)
State v. P. M. W.
381 P.3d 1102 (Court of Appeals of Oregon, 2016)
State v. K. M.
340 P.3d 121 (Court of Appeals of Oregon, 2014)
State v. C. M. W.
333 P.3d 1079 (Court of Appeals of Oregon, 2014)
State v. S. J. F.
269 P.3d 83 (Court of Appeals of Oregon, 2011)
State v. SJF
269 P.3d 83 (Court of Appeals of Oregon, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
258 P.3d 1288, 244 Or. App. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mt-orctapp-2011.