Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available) In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent. (Note: This post has been updated… Read more
6. Procedures/hearings/evidence
Walworth County v. M.R.M., 2023 WI 59, 6/29/23, on certification from the court of appeals; case activity (briefs not available) In a case with potentially far-reaching implications for Chapter 51 appeals, the Wisconsin Supreme Court issues a narrow holding that leaves a major D.J.W. issue for another day. (See our previous posts on this case here and here.)… Read more
Winnebago County v. J.D.J., 2022AP1138, 2/22/23, District 2, (1-judge opinion, ineligible for publication); case activity Such a maddening case. J.D.J., a prisoner diagnosed with schizoaffective disorder, was going to have a hard enough time winning a jury trial regarding his ch. 51 initial commitment. But the circuit court made his uphill battle impossible through a… Read more
Kenosha County v. L.A.T., 2022AP603, 1/11/22, District 2; (1-judge opinion, ineligible for publication); case activity This appeal involves an important, recurring issue. Must the circuit court conduct a colloquy to determine whether the subject of a ch. 51 commitment proceeding knowingly and voluntarily stipulates to a commitment and medication? The court of appeals holds that… Read more
Winnebago County v. C.L.S., 2022AP1155-FT, 12/14/22, District 2, (1-judge opinion, ineligible for publication); case activity C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county’s evidence of dangerousness was insufficient, and the circuit court failed to make the findings required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942… Read more
Winnebago County v. P.D.G., 2022AP606-FT, 9/7/22, District 2, (1-judge opinion; ineligible for publication); case activity Winnebago County dumped 550 pages of discovery on counsel 2 hours and 15 minutes before “Paul’s” recommitment hearing, so he requested a adjournment. “Denied!” said the circuit court because §51.20(10)(e) allows only 1 adjournment, which had already been used. If… Read more
Outagamie County v. R.G.K., 2019AP2134, 9/20/22, District 3 (1-judge opinion, ineligible for publication); case activity After the county petitioned to recommit “Rick” only his counsel appeared at the final hearing. The court found good cause to extend the recommitment in order to schedule a new final hearing. Unfortunately, Rick did not appear at the rescheduled… Read more
Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22, reversed, 2023 WI 59; case activity Issues (from the COA certification): 1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only prospectively? 2. In a ch. 51 case involving a petition to extend… Read more
