Milwaukee County v. K.M., 2019AP1166, 4/13/21, District 1; (1-judge opinion ineligible for publication); case activity The saga continues. Portage County v. E.R.R. 2019AP20133 presented the question of whether appeals from recommitment orders are ever moot due to their collateral effects. When SCOW split 3-3 in that case, it granted review in Sauk County v. S.A.M… Read more
2. Recommitment
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
Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity Issues for review: 1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal. 2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence. 3. Whether S.A.M. was… Read more
Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21, reversed, 2021 WI 85; case activity Issue for review: Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause… Read more
Waupaca County v. K.E.K., 2021 WI 9, 2/9/21, affirming an unpublished COA opinion, 2018AP1887; case activity Waupaca County sought to extend Kate’s initial commitment for one year. The County’s examiner and witnesses agreed that she had not been dangerous during her initial commitment. She had taken her medication and was doing really well. She even… Read more
Winnebago County v. D.D.A., 2020AP1351, District 2, 12/23/20 (one-judge decision; ineligible for publication); case activity The court of appeals rejects D.D.A.’s challenges to the sufficiency of the petition to extend his ch. 51 commitment and to the evidence presented at the extension hearing. First D.D.A. argues the petition to extend didn’t specify whether the County… 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
