1. Original commitment

Waukesha County v. M.J.S., 20221AP105-FT, District 2, 7/28/21 (one-judge decision; ineligible for publication); case activity Under § 51.20(11)(a), a demand for a jury trial must be made “48 hours in advance of the time set for final hearing,” if notice of final hearing was provided to the subject individual or his or her lawyer. Applying… Read more

Trempealeau County v. B.K., 2020AP1166, District 3, 7/27/21 (one-judge decision; ineligible for publication); case activity B.K. (“Brian”) argues he was denied procedural due process because he was not given particularized notice of which standard of dangerousness the County intended to prove at the final commitment hearing. He also contends the evidence presented at the hearing… Read more

Outagamie County DHHS v. M.D.H., 2020AP86, District 3, 7/13/21 (one-judge decision; ineligible for publication); case activity The evidence at M.D.H.’s final commitment hearing proved he was dangerous under § 51.20(1)(a)2.d. Under that statute, an individual is dangerous if he or she has engaged in recent acts or omissions that show that, because of mental illness, he… Read more

Marathon County v. T.A.T., 2019AP1709, District 3, 6/29/21 (one-judge decision; ineligible for publication); case activity The testimony of the the three witnesses called by the County provided sufficient evidence to support the court’s finding that T.A.T. (“Travis”) was dangerous under § 51.20(1)(a)2.a. Travis was emergently detained after he was found on the ground near a… Read more

Outagamie County v. X.Z.B., 2020AP2058, 6/22/2121, District 3, (1 judge opinion, ineligible for publication); case activity This case involves the recommitment of a protectively placed person based on §51.20(1)(a)2.c., the 3rd standard of dangerousness.  The court of appeals reversed the circuit courts’ recommitment order for insufficient evidence. And, for the second time in one week… Read more

Last fall, SCOW granted review on the question of whether a doctor’s failure to file an examiner’s report 48 hours before a commitment hearing deprived the circuit court of competence to adjudicate the case. See our post on Fond du Lac County v. S.N.W., Appeal No. 2019AP2073. This is a recurring problem, so Chapter 51… Read more

Rock County v. J.J.K., 2020AP1085, 4/29/21, District 4, (1-judge opinion, ineligible for publication), case activity This is an appeal from the initial commitment and involuntary medication order entered against J.J.K. The court of appeals affirmed both contrary to published precedent on the rule against hearsay, the plain error doctrine, and procedural and substantive due process… Read more