Oregon State Hospital v. Butts

In this mandamus proceeding, we consider a challenge to the validity of a trial court’s Sell order directing relator, Oregon State Hospital (OSH), to administer involuntary medication to the adverse party (defendant) in a criminal case for the purpose of restoring defendant’s capacity to stand trial on felony charges. For the reasons we explain below, we conclude that ORS 161.370(1) granted the trial court implied authority to issue the order — which was based on the trial court’s assessment of all the medical evidence — even though OSH did not agree that administering the medication was…