State v. E. G.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 04-13-2016
  • Case #: A160510
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Tookey, J.; & DeHoog, J.
  • Full Text Opinion

Under ORS 426.110, a trial court must appoint a qualified examiner to review the mental health report in order to conduct a proper civil commitment hearing. A qualified examiner must be certified by the Oregon Health Authority or the Psychiatric Security Review Board.

E.G. appealed the trial court’s judgment committing her to the custody of the Mental Health Division. E.G. argued that the mental health examiner was not qualified, but still reviewed, considered and admitted her mental health report into evidence. To conduct an involuntary commitment hearing, the trial court must appoint a qualified examiner. ORS 426.110(1). A qualified examiner is an examiner that is certified by the Oregon Health Authority or the Psychiatric Security Review Board. ORS 426.110(2). The state conceded that the trial court erred when it did not appoint a qualified mental health examiner, a violation of ORS 426.110. Reversed.

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