State v. C. E. W.

Summary

The Oregon Court of Appeals reversed a supplemental judgment continuing C. E. W.’s commitment to the Oregon Health Authority for up to 180 days. The court held that ORS 426.303 plainly requires a person subject to recommitment to be advised of the rights listed in ORS 426.301 during the recommitment hearing, and that the trial court plainly erred by reading rights applicable to initial commitment proceedings instead. The error was not harmless, and the court exercised its discretion to correct it.

Holdings

1. ORS 426.303 requires that a committed person be informed of the rights set forth in ORS 426.301 during the recommitment hearing, not merely at an earlier time when the certification or notice is served.
2. The trial court plainly erred by failing to ensure that C. E. W. was advised of the rights under ORS 426.301 during the recommitment hearing.
3. The trial court's failure to advise C. E. W. of his rights at the recommitment hearing was not harmless.
4. The Court of Appeals exercised its discretion to correct the plain error and reversed the supplemental judgment of continued commitment.

Questions Presented

1. Whether ORS 426.303 requires a committed person to be informed of the rights set forth in ORS 426.301 during the recommitment hearing.
2. Whether the trial court plainly erred by failing to ensure that C. E. W. was informed of those rights at the recommitment hearing.
3. Whether the error was harmless and, if not, whether the Court of Appeals should exercise its discretion to correct it.

Disposition

reversed