Opinion
A184060
01-29-2025
In the Matter of K. M., a Person Alleged to have Mental Illness. v. K. M., Appellant. STATE OF OREGON, Respondent,
Joseph R. DeBin and Multnomah Defenders, Inc., fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, fled the brief for respondent.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 December 13, 2024.
Multnomah County Circuit Court 24CC01612 Jane W. Fox, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc., fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, fled the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
Reversed.
LAGESEN, C. J.
Appellant seeks reversal of a judgment committing her to the Oregon Health Authority for a period not to exceed 180 days, as well as an order prohibiting the purchase or possession of firearms. The trial court entered the judgment and order after finding that appellant suffered from a mental illness. We reverse.
As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.
Appellant argues that the trial court plainly erred in failing to advise appellant of her right to subpoena witnesses as required by ORS 426.100(1)(d). The state concedes that the trial court plainly erred and that reversal is warranted. We agree with and accept the state's concession. See State v. R. R. M, 310 Or.App. 380, 381, 484 P.3d 408 (2021) (failure to provide such statutory advice of rights constitutes plain error).
Given the nature of civil commitment proceedings, the relative interests of the parties, the gravity of the error, and the ends of justice, we exercise discretion to correct the error. Id.
Reversed.