Opinion
No. M-80-7-14, CA 18719
Argued and submitted February 23, 1981
Reversed March 16, 1981
Appeal from Circuit Court, Clackamas County.
Patrick Gilroy, Judge.
John Mayfield, Oregon Legal Services Corporation, Oregon City, argued the cause and filed the brief for appellant.
James C. Rhodes, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM
Reversed.
In this mental commitment proceeding, the trial court admitted, over defendant's objections, the testimony of defendant's treating physician and the investigation report prepared by that physician. The information obtained by defendant's treating physician in attending defendant is privileged. ORS 44.040(d). The privilege applies to commitment proceedings. State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1976).
Accordingly, it was error to have admitted the testimony and report, and, as the state concedes, without that evidence, "there isn't much left." We agree.
Reversed.