Matter of Matthews

This is an appeal from an order of commitment finding appellant to be a mentally ill person as defined in ORS 426.005(2). The sole issue on appeal is whether an alleged mentally ill person has a right to remain silent in a civil commitment proceeding. The trial court concluded that the Fifth Amendment privilege did not apply and directed appellant to speak. We affirm.

Initially the state contends that, because appellant did not refuse to testify, he did not preserve his constitutional objection. We disagree. Appellant informed the court of his desire to remain silent. He testified only after…