State v. J. J. S.

ORS 426.095(2)(c) “permits a ‘good cause’ postponement of a commitment hearing past the five-day judicial deadline, [but] that procedure is available only ‘when requested’ by certain parties, and only ‘to allow preparation for the hearing.’” State v. W. B. R., 282 Or App 727, 728, 387 P3d 482 (2016).  

Appellant appealed from a judgement civilly committing her for being a danger to herself or others under ORS 426.232. Appellant assigned error to the trial court’s denial of her motion to dismiss due to her being held for more than five judicial days prior to her hearing. ORS 426.232(2)(c). On appeal, appellant argued that the trial court violated ORS 426.232(2) by allowing the trial court itself to raise a motion to postpone appellant’s civil commitment hearing rather than by request of a party. In response, the State argued that, because the postponement stemmed from Appellant’s attorney’s tardiness to court for an unrelated case, Appellant essentially “invited any error,” which caused the trial court to postpone beyond the five days. ORS 426.095(2)(c) “permits a ‘good cause’ postponement of a commitment hearing past the five-day judicial deadline, [but] that procedure is available only ‘when requested’ by certain parties, and only ‘to allow preparation for the hearing.’” State v. W. B. R., 282 Or App 727, 728, 387 P3d 482 (2016).  The Court held that Appellant’s attorney’s tardiness in a separate, unrelated case did not necessitate the postponement. As such, the trial court, without a request made by any party demonstrating “good cause” under ORS 426.095(2)(c), could not postpone Appellant’s hearing beyond the five-day limit. Reversed.