State v. May

Appellant, an alleged mentally ill person, appeals from a judgment of involuntary civil commitment. Because we conclude that the trial court erred in falling to advise appellant of her hearing rights, we reverse.

The state concedes that the trial court failed to explain to appellant her rights under ORS 426.100(1),1 as required by State v. Allison, 129 Or App 47, 877 P2d 660 (1994). The state contends, however, that any error was waived by counsel, who made no objection at the hearing.

We hold that a lawyer’s failure to object, standing alone, does not constitute a waiver of the right to be…