2. Recommitment

Outagamie County v. C.A., 2017AP450, District 3, 1/23/18 (1-judge opinion, ineligible for publication); case activity The records for Chapter 51 cases are confidential, so we have not seen the briefs for this case. But, judging from this court of appeals opinion, it doesn’t take much beyond a mental illness diagnosis to get yourself committed under §51.20(1)(a)2e… Read more

Dodge County v. L.A.S., 2017AP302, District 4, 8/17/17 (one-judge decision; ineligible for publication); case activity Under § 51.20(9)(a) the circuit court must appoint two licensed physicians or psychologists to examine and write reports on an individual subject to involuntary commitment proceedings. This requirement applies only to the initial commitment proceeding, not to the proceeding to… Read more

Waukesha County v. J.W.J., 2017 WI 57, 6/8/2017, affirming an unpublished court of appeals decision, 370 Wis. 2d 262, 881 N.W.2d 359; case activity In Fond du Lac County v. Helen E.F., which involved a woman with Alzheimer’s disease, SCOW held that a person is a “proper subject for treatment” under §51.20(1) if she can… Read more

Crawford County v. E.K., 2016AP2063, 5/18/17, District 4 (1-judge opinion, ineligible for publication); case activity This case presents multiple SCOW-worthy issues. One is an interesting constitutional dilemma. The County sought to extend E.K.’s commitment and involuntary medication order and, as evidence, offered threatening emails that E.K. had allegedly sent. Defense counsel objected because the emails had not… 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

Review of an unpublished court of appeals opinion; case activity Issue (composed by On Point) Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179 held that an individual is capable of rehabilitation, and thus a proper subject for treatment under Chapter 51, when treatment would control the… 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