Winnebago County v. W.I., 2022AP2095, 08/30/2023, District 2 (1-judge opinion, ineligible for publication); case activity In addition to the two court ordered psycholigical examinations required under § 51.20(9)(a)1., subdivision 3 provides individual’s subject to potential involuntary civil commitment “a right” to an additional psychological examination. See Wis. Stat. § 51.20(9)(a)3. If requested, the cost of the… Read more
8. Appeals
Winnebago County v. J.L.C., 2023AP200, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available) Although most litigators believed that arguments about mootness in 51 appeals were now settled, COA resurrects the mootness doctrine to deny relief in this appeal of an expired order. J.L.C. appeals an initial commitment order and accompanying… Read more
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
Outagamie County v. L.X.D.-O., 2023 WI App 17; case activity Unfortunately, the court of appeals just turned Chapter 51 upside down in a published opinion. It holds that counties must move examiners’ reports into evidence at recommitment hearings, but not at initial commitment hearings. This appeal concerns the sufficiency of the evidence to support an… Read more
Winnebago County v. D.J.S., 2022AP1281, District 2 (one-judge decision ineligible for publication), case activity Accompanied by a familiar sounding caveat that “it certainly would have been better if the County had presented more evidence and the circuit court had been more detailed and specific in its oral determination,” the court of appeals rejects D.J.S.’s sufficiency… Read more
Wood County v. J.L.S., 2022AP299, 8/25/22, District 4 (1-judge opinion, ineligible for publication); case activity The circuit court entered orders for initial commitment order and involuntary medication order. Later (not sure how much later), the County persuaded the circuit court to dismiss these orders. On appeal, J.L.S. argued, among other things, that the appeal of… Read more
Barron County v. K.L., 2021AP133, District 3, 8/9/22 (one-judge decision; ineligible for publication); case activity Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277, held that “going forward circuit courts in recommitment proceedings are to make specific factual findings with reference to the subdivision paragraph of Wis. Stat. §… Read more
Sauk County v. S.A.M., 2022 WI 46, reversing an unpublished court of appeals opinion, 2019AP1033; case activity Unlike other states, Wisconsin appellate courts have for decades dismissed most appeals from expired ch. 51 orders as moot. As a result, there was been little appellate review of circuit court decisions declaring people mentally ill, committing them… Read more
