Vilas County DHS v. N.J.P., 2019AP1567, 12/15/20, District 3 (1-judge opinion, ineligible for publication); case activity In this appeal from an initial commitment, the county conceded that it had not offered clear and convincing evidence to mee the 4th standard of dangerousness. It asked the court of appeals to affirm the commitment based on the… Read more
f. 51.20(1)(a)2. Dangerousness
Waukesha County v. L.J.M., 2020AP820, 11/4/20, District 2 (one-judge decision; ineligible for publication); case activity L.J.M. (“Lisa”) appeals the extension of her commitment under ch. 51. In a thorough opinion, the court of appeals affirms, though not without pointing out deficiencies in the county’s case and the circuit court’s decision. Lisa has been committed for… Read more
Waukesha County v. I.R.T., 2020AP996, 11/4/20, District 2 (one-judge decision; ineligible for publication) case activity The county sought to extend I.R.T.’s commitment but could not be located for a time. Eventually the court issued a capias and I.R.T. was arrested. At the extension hearing, there was testimony that after his parole in a criminal matter… Read more
Fond du Lac County v. S.N.W., 2020AP274-FT, District 2, 7/15/20 (one-judge decision; ineligible for publication), petition for review granted 11/19/20; case activity The testimony of the county’s expert provided sufficient evidence of dangerousness under § 51.20(1)(a)2.b. and (1)(am). ¶9 The evidence in the record before us establishes that S.N.W. has a history of “singling… Read more
Langlade County v. D.J.W., 2020 WI 41, reversing an unpublished court of appeals opinion, 4/24/20; case activity Wisconsin’s involuntary commitment rate is higher than that of any other state–by a long shot. According to a report for the Substance Abuse and Mental Health Services, the annual commitment rate among states ranges from 0.23 to 43.8… Read more
Marathon County v. D.K., 2020 WI 8, 2/4/2020, affirming an unpublished court of appeals decision; 2017AP2217; (case activity) The caption is the most confusing part of this opinion: ZIEGLER, J., delivered the majority opinion of the Court with respect to Parts I., II., III., IV.A., IV.B., and IV.C.1, in which ROGGENSACK, C.J., REBECCA GRASSL BRADLEY… Read more
Monroe County v. D.J., 2019AP1133, 1/2/19, District 4, (1-judge opinion, ineligible for publication); case activity Oh, this issue again. Monroe County pursued a Chapter 51 original commitment against D.J. but didn’t say which of the 5 standards of dangerousness it was proceeding under. One doctor opined that commitment was warranted under the 1st or 2nd… Read more
La Crosse County v. J.M.A., 2018AP1258, 11/21/19, District 4 (one-judge decision; ineligible for publication); case activity J.M.A. appeals his recommitment under ch. 51. He argues the psychiatrist who was the sole witness at his trial provided only conclusory testimony on dangerousness; the court of appeals disagrees. But first, and odd detour into waiver and standing… Read more
