Ozaukee County v. R.T.H., 2018AP1317, 2/27/19, District 2, (1-judge opinion, ineligible for publication); case activity; Marathon County v. C.M.L., 2017AP2220, 2/26/19, District 3 (1-judge opinion, ineligible for publication); case activity These two, unrelated decisions highlight a recurring due process violation at Chapter 51 hearings. For an original commitment, the county must prove that the person… Read more
a. Constitutional challenges
Milwaukee County v. T.L.R., 2018AP1131, 12/4/18, District 1 (1-judge opinion, ineligible for publication), case activity Here’s an issue of first impression for SCOW. Lessard v. Schmidt, 349 F. Supp. 1078, 1092 (E.D. Wis. 1972) established procedural and substantive due process rights for persons undergoing mental commitments. One of those rights is the right to particularized… Read more
Langlade County v. D.J.W., 2018AP145-FT, 5/1/18, District 3 (1-judge opinion, eligible for publication), petition for review granted, 7/10/19, reversed, 2020 WI 41; case activity This decision makes you wonder whether §51.20(1)(am), Wisconsin’s recommitment statute, is unconstitutional either on its face or as applied to D.J.W. At D.J.W.’s recommitment hearing a doctor testified about his treatment records… Read more
Winnebago County v. Christopher S., 2016 WI 1, on certification from the court of appeals, and affirming the circuit court’s orders for commitment and involuntary medication; majority opinion by Justice Gableman, concurrence/dissent by Justice Abrahamson; case activity The provisions of ch. 51 allowing the involuntary mental health commitment of prison inmates without a finding of dangerousness… Read more
Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman) The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2). 2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal… Read more
Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity Ch. 51 Commitment – Sufficiency of Evidence Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied: ¶12 Here, the County had to prove… Read more
State v. Dennis H., 2002 WI 104, on certification For Dennis H.: Ellen Henak, SPD Milwaukee Appellate Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional. Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the… Read more
