299
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
Submitted January 6, reversed February 15, 2023
In the Matter of C. K.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
C. K.,
Appellant.
Multnomah County Circuit Court
22CC04382; A179198
Julia A. Philbrook, Judge pro tempore.
Joseph R. DeBin 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.
SHORR, P. J.
Reversed.
300 State v. C. K.
SHORR, P. J.
Appellant appeals from a judgment committing
him to the Mental Health Division for a period not to exceed
180 days based on a finding that he has a mental illness.
ORS 426.130. He asserts that the trial court plainly erred
when it failed to provide the advice of rights required by
ORS 426.100(1). Appellant further asserts that the record
was legally insufficient for the trial court to find, by clear
and convincing evidence, that he has a mental disorder that
renders him a danger to himself and others.
The state concedes the error in failing to advise
appellant of his rights. We agree that failure to provide such
statutory advice of rights constitutes plain error. See State v.
R. R. M.,
(2021) (concluding that a trial court’s failure to advise an appellant of their
right under ORS 426.100(1) to subpoena witnesses is plain
error). Because of the nature of civil commitment proceedings, the relative interests of the parties, the gravity of the
error, and the ends of justice, we exercise our discretion to
correct the error. Given our disposition, we need not address
appellant’s assignment of error concerning the sufficiency of
the evidence.
Reversed.
