Marquette County v. T.F.W., 2015AP2603-FT, 3/24/16, District 4 (one-judge decision; ineligible for publication); case activity At T.F.W.’s ch. 51 extension hearing, one of the examining physicians was asked “have the advantages, disadvantages and alternatives to [T.F.W.’s] medication been explained to [him]?” Her answer: “Yes, they have.” (¶7). That was the extent of the testimony on… Read more
4. Involuntary meds
Winnebago County v. Christopher S., 2016 WI 1, on certification from the court of appeals, and affirming the circuit court’s orders for commitment and involuntary medication; majority opinion by Justice Gableman, concurrence/dissent by Justice Abrahamson; case activity The provisions of ch. 51 allowing the involuntary mental health commitment of prison inmates without a finding of dangerousness… Read more
State v. Thomas Treadway, 2015AP591, District 1, 12/1/15 (not recommended for publication); case activity (including briefs) The evidence in the record is sufficient to support an order for involuntary medication under § 51.61(1)(g)4(intro.) and b. Under § 51.61(1)(g)4.(intro.) and b., the entity seeking the medication order must show that: 1) the advantages and disadvantages of, and the alternatives to, medication… Read more
Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t… Read more
Ozaukee County v. M.L.G., 2015AP1469-FT, 9/23/15, District 2 (1-judge opinion; ineligible for publication); case activity More specifically, the court of appeals held that the County had offered evidence sufficient to establish that MLG was dangerous under §51.20(1)(a)2.c and that he was substantially incapable of understanding his treatment options under § 51.61(1)(g)4b: [T]he County presented evidence of recent… Read more
Ozaukee County v. C.Y.K., 2015AP1080-FT, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity Even though the examining psychiatrist opined that C.Y.K. was not substantially incapable of making an informed choice about accepting or refusing medication or treatment, the record as a whole supported the circuit court’s order for involuntary medication and treatment. C.Y.K. argues… Read more
Click here for certification order; circuit court order affirmed, 2016 WI 1; click here for case activity Issue (composed by the court of appeals): This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is whether… Read more
Waushara County v. F.E.K., 2014AP2987, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity The evidence was sufficient to show F.E.K. was not competent to refuse medication or treatment because he received an appropriate explanation of the alternatives to medication and treatment. To prove that a person committed under ch. 51 is not competent to refuse… Read more
