Today Mad in America, a nonprofit that publishes a webzine on science, psychiatry and social justice ran a long article on the dark side of “Assisted Outpatient Treatment” or, as we think of it in Wisconsin, “outpatient recommitments.” Turns out they have a very dark side. Chapter 51 practitioners may find the many studies and… Read more
e. Dangerousness
Portage County v. J.W.K., 2019 WI 54, 5/21/2019, affirming an unpublished order dismissing appeal as moot; case activity Practitioners know that it’s rare to get from final judgment to court of appeals decision on the merits in less than a year. Just the ordinary statutory time frames for appointment of counsel, transcripts, motions or notices… Read more
Milwaukee County v. D.C.B., 2018AP987, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity The court of appeals rejects D.C.B.’s constitutional and procedural challenges to the extension of his ch. 51 commitment. D.C.B. argues the ch. 51 extension statute is facially unconstitutional because it doesn’t require a finding of dangerousness. Because § 51.20(13)(g)3. requires… Read more
Waukesha County v. M.J.S., 2017AP1843, 8/1/18, District 2, (1-judge opinion, ineligible for publication), case activity In May On Point reported a defense win in this case. One week later, Waukesha County moved for reconsideration. The court of appeals just granted the motion and issued this new opinion. The difference between the two is that the May… 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
Portage County v. J.W.K., 2017AP2429, 4/26/18, District 4, (1-judge opinion, ineligible for publication); case activity J.W.K. appealed the extension of his Chapter 51 mental commitment arguing that the County failed to present sufficient evidence that he would be the proper subject for treatment if treatment were withdrawn. He argued that Dr. Persing’s testimony on this… Read more
Marathon County v. P.X., 2016AP1490, 4/18/17, District 3 (1-judge opinion, ineligible for publication); case activity P.X., who has longstanding diagnoses of autism, obsessive-compulsive disorder, and intellectual disabilities, was the subject of a Chapter 54 guardianship and a Chapter 55 protective placement, when the County sought to extend his Chapter 51 civil commitment. P.X. argues that… Read more
Waukesha County v. J.W.J., 2016AP46-FT, 5/4/16 (1-judge opinion, ineligible for publication),petition for review granted 9/13/16, affirmed, 2017 WI 57; case activity To commit a person involuntarily, the county must show that the person is mentally ill and dangerous. To extend the commitment, the county may prove “dangerousness” by showing that “there is a substantial likelihood, based on… Read more
