855
Submitted March 4, reversed April 6, 2022
In the Matter of E. J. T.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
E. J. T.,
Appellant.
Lane County Circuit Court
21CC04817; A176903
R. Curtis Conover, Judge.
Alexander C. Cambier and Multnomah Defenders, Inc.
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jona J. Maukonen, Assistant Attorney
General, filed the brief for respondent.
Before Shorr, Presiding Judge, and Mooney, Judge, and
Pagán, Judge.
PER CURIAM
Reversed.
856 State v. E. J. T.
PER CURIAM
Appellant seeks reversal of a judgment committing her to the Oregon Health Authority for a period of
time not to exceed 180 days and prohibiting her from purchasing or possessing firearms. She asserts that the trial
court plainly erred in committing her, because the record
contains no indication that she had been served with a citation, as required by ORS 426.080 and ORS 426.090. The
state concedes that neither the trial court file nor the transcript of the commitment hearing contain any evidence that
a citation was served on appellant. We agree and accept
the state’s concession. ORS 426.090 requires the court to
issue a citation that includes certain information and that
informs a person alleged to have a mental illness of specific rights. ORS 426.080 specifies that the person serving
the citation “shall, immediately after service thereof, make
a return upon the original warrant or citation showing the
time, place and manner of such service and file it with the
clerk of the court.” We conclude that the trial court plainly
erred, and for the reasons set forth in State v. J. R. W.,
