State v. B. K. (In re B. K.)
434 P.3d 512
Or. Ct. App.2019Background
- Appellant was subject to a civil commitment hearing and the trial court entered a 180‑day commitment under ORS 426.130.
- ORS 426.100(1) requires the court to advise the person of the reason, nature, possible results of the proceedings, subpoena and counsel rights, or to on‑the‑record confirm a valid waiver.
- At the start of the hearing the court stated it and counsel went to see appellant beforehand, that they had explained "what the hearing was about and what his rights were," and that they advised him "what could happen at the hearing, including a commitment for 180 days."
- Appellant refused to attend the hearing; counsel represented him and the hearing proceeded in his absence.
- Appellant did not preserve the issue below and asserted plain error on appeal, arguing the court failed to advise him of all possible outcomes (specifically voluntary treatment and conditional release).
- The state conceded error based on prior decisions, but the court concluded the record admits competing inferences and reversed the concession, affirming the commitment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court plainly erred by not advising appellant of all possible results under ORS 426.100(1) | Court failed to advise of voluntary treatment and conditional release, so plain error warrants correction | Record shows the court and counsel went to appellant, advised him of the hearing and his rights (including outcomes), so record doesn’t irrefutably show error | No plain error; record permits reasonable inference court provided required information; commitment affirmed |
Key Cases Cited
- State v. M. M., 288 Or. App. 111 (2017) (discusses plain‑error review and requirements for advising persons in commitment proceedings)
- State v. M. T., 244 Or. App. 299 (2011) (addresses advising requirements in civil commitment context)
- State v. S. J. F., 247 Or. App. 321 (2011) (held plain error where record did not show appellant received statutorily required advisals)
- State v. Brown, 310 Or. 347 (1990) (sets elements of plain‑error review)