State v. M.M.-B.

"The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings…” ORS 427.265(1).

The appellant appealed a judgment, claiming the trial court plainly erred by not providing complete advice of rights as required by ORS 427.265. She contended that while the court informed her of her right to an attorney, it failed to specify her right to “suitable legal counsel with skills and experience appropriate for the allegations and complexity of the case.” According to ORS 427.265(1), “The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings…” The Court found that it was not obvious or indisputable that the rights advice given was legally inadequate. The Court reasoned that the appellant was informed of her right to an attorney and noted that it was unclear whether the trial court was required to include the term "suitable" in its rights advisement. The Court held that the appellant's right to counsel was fully effectuated, and any potential error was harmless, therefore affirming the decision.