Which are better: Involuntary Civil Commitment Courts or Mental Health Courts? This new article by New York University Law Professor Professor Michael Perlin compares and contrasts the two… Read more
6. Procedures/hearings/evidence
Dane County v. T.B., 2015AP799. 10/1/15, District 4 (1-judge opinion, ineligible for publication); case activity T.B. sought to vacate an order for a Chapter 51 commitment on the grounds that the circuit court lost competency to proceed when it failed to make a verbatim record of his probable cause hearing per Wis. Stat. §51.20(5). According to… Read more
Walworth County DHS v. M.M.L., 2014AP2845, 7/15/15, District 2 (one-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals affirms the involuntary commitment for M.M.L. under § 51.20(1)(a)2.c., which requires evidence of impaired judgment based on recent acts or omissions showing a substantial probability that she would physically impair or injure herself or… Read more
Dane County v. P.H., 2014AP1469, District 4, 3/12/15 (one-judge decision; ineligible for publication); case activity Rejecting P.H.’s claim that the experts who testified based their opinions on “dated” information, the court of appeals finds the evidence was sufficient to extend P.H.’s ch. 51 commitment. P.H. conceded she suffers from a mental illness and is a proper subject… Read more
Marathon County v. Zachary W., 2014AP955, District 3, 12/2/14 (1-judge decision; ineligible for publication); case activity Even if the circuit court erred it provided multiple definitions of the term “drug” when instructing the jury hearing a ch. 51 commitment case. The County sought to commit Zachary under ch. 51 on the ground that he was drug dependent, § 51.20(1)(a)1., based on… Read more
Price County DHHS v. Sondra F., 2013AP2790, District 3, 5/28/14 (1-judge; ineligible for publication); case activity A respondent in a ch. 51 mental commitment proceeding does not have either a statutory or a due process right to be physically present at the final hearing under § 51.20. To the extent § 885.60(2)(a) provides a right… Read more
Manitowoc County v. Samuel J.H., 2013 WI 68, on certification from court of appeals; majority opinion by Justice Ziegler; case activity Transfer of a person committed under ch. 51 to a more restrictive setting within an inpatient placement, or from outpatient to inpatient placement, is subject to § 51.35(1). The statute recognizes two different bases for transfer… Read more
Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to… Read more
