Opinion
A176433
01-05-2022
In the Matter of S. U., a Person Alleged to have Mental Illness. v. S. U., Appellant. STATE OF OREGON, Respondent,
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.
Submitted December 3, 2021
Klamath County Circuit Court 21CC03336; Cameron F. Wogan, Senior 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 Tookey, Presiding Judge, and Aoyagi, Judge, and Armstrong, Senior Judge.
Reversed.
PER CURIAM.
Appellant appeals a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days, as well as an order prohibiting him from purchasing or possessing firearms. He argues that the court failed to comply with the citation requirements of ORS 426.080 and ORS 426.090 and this constitutes plain error that entitles him to reversal. The state concedes that this is plain error and that appellant is entitled to reversal. We agree and accept that concession. ORS 426.090 requires a court to issue to an allegedly mentally ill person a citation that informs the person of the person's legal rights, and also requires that "[t]he citation shall be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing." ORS 426.080 provides that the person serving such a 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." No such citation or certificate of service is in the record in this case. We exercise discretion to correct that error for the reasons stated in State v. J. R. W., 307 Or.App. 372, 475 P.3d 138 (2020), and State v. R. E. J., 306 Or.App. 647, 474 P.3d 461 (2020).
Reversed.