Trempealeau County v. C.B.O., 2021AP1955 & 2022AP102, 8/30/22, District 3, (1-judge opinion, ineligible for publication); case activity This is a double defense win! You might even call it a quadruple defense win! The court of appeals consolidated “Chris’s” appeals from his initial commitment order and his recommitment order. It reversed his initial commitment order because… Read more
e. Dangerousness
Winnebago County v. D.E.S., 2022AP251, 8/31/22, District 2, (1-judge opinion, ineligible for publication); case activity Langlade County v. D.J.W. requires a circuit to make specific factual findings with reference to the dangerousness standard that its recommitment order is based upon. The circuit court failed to follow D.J.W. but the court of appeals affirmed because the… Read more
Barron County v. K.L., 2021AP133, District 3, 8/9/22 (one-judge decision; ineligible for publication); case activity Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277, held that “going forward circuit courts in recommitment proceedings are to make specific factual findings with reference to the subdivision paragraph of Wis. Stat. §… Read more
Manitowoc County v. J.M.K., 2022AP122, 7/27/22, District 2, (1-judge opinion; ineligible for publication); case activity J.M.K. is currently diagnosed with schizoaffective disorder. He has been committed several times since 2015. Right now he is doing well. He lives in a supervised apartment but holds a job, participates in community activities, and works out at the… Read more
Sauk County v. S.A.M., 2022 WI 46, reversing an unpublished court of appeals opinion, 2019AP1033; case activity Unlike other states, Wisconsin appellate courts have for decades dismissed most appeals from expired ch. 51 orders as moot. As a result, there was been little appellate review of circuit court decisions declaring people mentally ill, committing them… Read more
Sheboygan County v. M.W., 2022 WI 40, reversing an unpublished court of appeals opinion; case activity The crisp majority opinion of this 50-page split decision confirms a narrow but important point of law for ch. 51 cases. When an appellate court reverses a commitment order that has expired, the circuit court lacks competency to conduct… Read more
Waupaca County v. H.I.B., 2021AP2026, 4/7/22, District 4 (1-judge opinion ineligible for publication); case activity It is uncontested that “Hazel” has done well for three commitments in a row. Yet the court of appeals has affirmed her 4th Chapter 51 recommitment because the jury could have inferred a “substantial probability” of death or serious injury… Read more
Taylor County Human Services v. L.E., 2021AP1292, 2/15/22, District 3, (1-judge opinion, ineligible for publication); case activity A circuit court extended “Luca’s” commitment, directed that he be placed in a locked ward, and ordered involuntary medication. On appeal, Luca challenges his placement in a locked ward and the involuntary medication order. At a minimum, the… Read more
