Sheboygan County v. M.J.M., 2020AP1744, 6/9/21, District 2 (1-judge opinion, ineligible for publication); case activity This is new. M.J.M. appealed a recommitment order which expired during the course of his appeal. The usual kerfuffle regarding mootness ensued but this time (unlike here and here) the court of appeals acknowledged that the issue of whether recommitment… Read more
e. Dangerousness
Eau claire County v. J.M.P., 2020AP2014, 5/25/21, District 3 (1-judge opinion, ineligible for publication); case activity Last term, SCOW ordered circuit courts deciding recommitment cases to make specific factual findings referencing the standard of dangerousness that supported a person’s recommitment. See Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d… 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
Rock County v. J.J.K., 2020AP2105, District IV, 5/6/21 (1-judge opinion, ineligible for publication); case activity This is the sequel to the Rock County v. J.J.K.. 2020AP1085 above. The decision is alarming because the circuit court found J.J.K. dangerous enough for a recommitment based on the 5th standard, but the court of appeals affirmed based on… Read more
Rock County Department of Human Services v. J.E.B., 2020AP1954-FT, 4/7/21, District 4 (1-judge opinion, ineligible for publication); case activity Good news/bad news. It’s terrific that the court of appeals is going to enforce the new requirement that circuit courts ground their recommitment orders on factual findings tied to a specific standard of dangerousness in §51.20(1)(a)2.a-e. … Read more
Court of appeals reverses fifth-standard commitment for failure to examine effect of ch. 55 services
Fond du Lac County v. J.L.H., 2020AP2049, 3/24/21, District 2 (one-judge decision; ineligible for publication); case activity Wisconsin Stat. § 51.20(1)(a)e. lays out the “fifth standard” for dangerousness; a person can be committed under it if his or her mental illness prevents him or her from understanding the advantages and disadvantages of treatment, and a… Read more
Outagamie County v. R.W., 2020AP1171-FT, 12/17/20, District 3, (1-judge opinion, ineligible for publication); case activity Nobody testified that Rachel behaved dangerously during her extant commitment. Her doctor had no knowledge of medication non-compliance. A social worker once saw a Haldol pill on a plate on a counter and inferred that Rachel had not taken her… Read more
Fond Du Lac County v. R.O.V., 2019AP1228, 2020AP853, 12/16/20, District 2 (1-judge opinion, ineligible for publication); case activity In these consolidated cases, the court of appeals reviewed both Ray’s initial commitment and his 2nd recommitment (not his 1st recommitment), which has not yet ended. Although the initial commitment order expired long ago, the court held… Read more
