Rock County v. H.V., 2021AP1760-FT, 1/13/22, District 4 (1-judge opinion, ineligible for publication); case activity This appeal concerns a recurring problem in Chapter 51 cases: the lack of objection to damaging hearsay at the final hearing. If the appellate lawyer raises ineffective assistance of counsel in the circuit court, the case will become moot before… Read more
2. Recommitment
Waupaca County v. G.T.H., 2021AP1490, 12/23/21, District 4 (1-judge opinion, ineligible for publication); case activity At Waupaca County’s request, the circuit court entered recommitment and medication orders against G.T.H. Six months later, the County conceded that the circuit court had failed to make the factual findings required by Langlade County v. D.J.W., 2020 WI 41, ¶¶3… Read more
Ozaukee County v. J.D.A., 2021AP1148, District 2, 12/15/21 (one-judge decision; ineligible for publication); case activity Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, requires a circuit court ordering a ch. 51 recommitment petition to make specific factual findings with reference to the relevant subdivision paragraph of § 51.20(1)(a)2. on… Read more
Portage County v. C.K.S., 2021AP1291-FT, 11/24/21, District 4, (1-judge opinion, ineligible for publication); case activity The circuit court recommitted C.K.S. but apparently neglected to specify the applicable standard(s) of dangerousness. C.K.S. appealed arguing that the court violated D.J.W. and that the county’s evidence of dangerousness was insufficient. The court of appeals declined to address the… Read more
Trempealeau County DSS v. T.M.M., 2021AP100 & Trempealeau County DSS v. T.M.M., 2021AP139, District 3, 11/12/21 (one-judge opinions; both ineligible for publication); case activity: 2021AP100 & 2021AP139 The court of appeals agrees with T.M.M. (“Tiffany”) that the evidence presented at her recommitment hearing was insufficient to prove she was dangerous under one of the standards… Read more
Waukesha County v. E.J.W., 2021 WI 85, 11/23/21, reversing an unpublished court of appeals’ opinion; case activity This 4-3 “defense win” delivers a 1-2-3 punch! The decision: (1) holds that a person undergoing commitment has the right to demand a jury 48 hours before the time set for his final hearing–even if the hearing is… Read more
Milwaukee County v. D.C.B., 2021AP581, 10/12/21, Distract 1 (1-judge opinion, ineligible for publication); case activity Before a circuit court enters an order to recommit a person under Chapter 51, it is supposed to make specific factual findings with reference to the applicable standard of dangerousness in Wis. Stat. §51.20(1)(a)2. Langlade County v. D.J.W., 2020 WI… Read more
FYI, the Civil Jury Instruction Committee has revised JI 7050 to take account of DJW and other recent cases. Of note, there is now a new instruction, JI 7050A, for recommitment proceedings. They are available in both Word and PDF formats at the State Law Library’s jury instruction site; more specifically, 7050 is here and 7050A is here… Read more
