State v. K. S. D. M. ( 2019 )

307
Submitted November 1, reversed December 11, 2019
In the Matter of K. S. D. M.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
K. S. D. M.,
Appellant.
Douglas County Circuit Court
19CC01665; A170853
453 P3d 636
Jason R. Thomas, Judge pro tempore.
Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Greg Rios, Assistant Attorney General,
filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and
James, Judge.
PER CURIAM
Reversed.
308 State v. K. S. D. M.
PER CURIAM
Appellant seeks reversal of a judgment commit-
ting her to the custody of the Oregon Mental Health and
Developmental Disability Services Division for a period of
time not to exceed 180 days. She contends that the trial
court erred in failing to advise her of her right to subpoena
witnesses, as required by ORS 426.100(1). The state con-
cedes the error. We agree that the error was plain error.
See State v. Z. A. B., 264 Or App 779, 780, 334 P3d 480,
adh’d to as modified on recons, 266 Or App 708, 338 P3d 802
(2014) (failure to inform an allegedly mentally ill person of
the right to subpoena witnesses is plain error). We exercise
our discretion to correct the error for the reasons stated in
State v. S. J. F., 247 Or App 321, 325, 269 P3d 83 (2011)
(“[P]lain error review of violations of ORS 426.100(1) is justi-
fied by the nature of civil commitment proceedings, the rela-
tive interests of the parties in those proceedings, the gravity
of the violation, and the ends of justice.”).
Reversed.