Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21, reversed, 2021 WI 85; case activity Issue for review: Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause… Read more
b. Time limits
Fond du Lac County v. S.N.W., 2019AP2073, petition for review granted 11/19/20; case activity Issues presented: 1. Did the circuit court lack competency to adjudicate this Chapter 51 commitment proceeding due to the county’s violation of the rule requiring it to file psychiatric reports 48 hours before the final hearing? 2. If the circuit court… Read more
Fond du Lac v. S.N.W., 2019AP2073, 6/17/20, District 2 (1-judge opinion, ineligible for publication); case activity We detect the unmistakable odor of SCOW bait. One of two court appointed medical experts failed to submit his examiner’s report within 48 hours before the final hearing for an original commitment of a prisoner. S.N.W. argued that this… Read more
Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations. Steven was detained… Read more
Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. But his appeal from that… Read more
Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11 court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity ¶9 Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours… Read more
Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10 court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the… Read more
Dane County v. Stevenson L.J., 2009 WI App 84 For Stevenson L.J.: Ruth N. Westmont Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a… Read more
