Jefferson County v. Joseph S., 2010 WI App 160 (recommended for publication); for Joseph S.: Margaret A. Maroney, SPD, Madison Appellate Failure of trial court to warn guardianship respondent of possibility of removal from courtroom for disruptive behavior prior to ordering his removal deprived court of competency to proceed. ¶5 A determination that a person “is… Read more
C. Ch. 55, Protective placement
Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Although a ch. 54 guardianship appeal is decided by a 3-judge and ch. 55 protective placement by a 1-judge panel, when the 2 were commenced and decided under a single trial court case number, the appeal… Read more
Dunn County v. Judy K., 2002 WI 87, on certification Issue: Whether a county is required to find an fund an appropriate placement under § 55.06(9)(a). Holding: ¶28. We therefore determine that in protective placements pursuant to § 55.06(9)(a), counties must make an affirmative showing of a good faith, reasonable effort to find an appropriate placement and to secure… Read more
Kindcare, Inc. v. Judith G., 2002 WI App 36 Issue/Holding: ¶3 The issue presented by this appeal is whether the circuit court loses competence to adjudicate a person’s need for protective placement if the probable-cause hearing is not held within seventy-two hours after the person was taken into custody, or whether, as the trial court… Read more
Knight and Knight v. Milwaukee Co., 2002 WI App 194 Issue/Holding: A trial court lacks competency to enter orders with respect to an alleged incompetent, unless the g.a.l. certifies the specific reasons the person can’t attend, pursuant to § 880.08(1)… Read more
County of Dunn v. Goldie H., 2001 WI 102, affirming unpublished decision of court of appeals For Goldie H.: John E. Joyce Issue: Whether a ch. 55 subject has a right to a hearing before the circuit court orders continuation of protective placement; and whether the circuit court must make findings of fact to support such… Read more
State v. Thomas Wenk, 2001 WI App 268, PFR filed 10/31/01 For Wenk: Michael K. Gould, SPD, Milwaukee Appellate Issue: Whether trial court denial of a petition for conditional release from an NGI commitment was an erroneous exercise of discretion. Holding: Although the state expressed doubt that it had met its burden of proof, the trial… Read more
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest. Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit… Read more
