Fond du Lac County v. S.N.W., 2019AP2073, petition for review granted 11/19/20; case activity Issues presented: 1. Did the circuit court lack competency to adjudicate this Chapter 51 commitment proceeding due to the county’s violation of the rule requiring it to file psychiatric reports 48 hours before the final hearing? 2. If the circuit court… Read more
A. Ch. 51, Mental health
Vilas County DHS v. N.J.P., 2019AP1567, 12/15/20, District 3 (1-judge opinion, ineligible for publication); case activity In this appeal from an initial commitment, the county conceded that it had not offered clear and convincing evidence to mee the 4th standard of dangerousness. It asked the court of appeals to affirm the commitment based on the… Read more
State v. Daniel J. Van Linn, 2019AP1317, 11/17/20, District 3 (not recommended for publication), petition for review granted 4/27/21, affirmed, 3/22/22; case activity (including briefs) Police found Van Linn injured and intoxicated near the scene of an accident, and an ambulance took him to the hospital for treatment. At the hospital Van Linn refused an… Read more
Waukesha County v. E.J.W., 2020AP370, 11/4/20, District 2 (1-judge opinion; ineligible for publication), petition for review granted 2/26/21; case activity Section 51.20(11)(a) provides that an individual or his counsel must demand a jury trial at least 48 hours before the time set for his final commitment hearing. At the start of his hearing, E.J.W requested… Read more
Waukesha County v. L.J.M., 2020AP820, 11/4/20, District 2 (one-judge decision; ineligible for publication); case activity L.J.M. (“Lisa”) appeals the extension of her commitment under ch. 51. In a thorough opinion, the court of appeals affirms, though not without pointing out deficiencies in the county’s case and the circuit court’s decision. Lisa has been committed for… Read more
Waukesha County v. I.R.T., 2020AP996, 11/4/20, District 2 (one-judge decision; ineligible for publication) case activity The county sought to extend I.R.T.’s commitment but could not be located for a time. Eventually the court issued a capias and I.R.T. was arrested. At the extension hearing, there was testimony that after his parole in a criminal matter… Read more
Jackson County v. W.G., 2020AP961, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity The evidence presented at a ch. 51 extension hearing is found wanting because it doesn’t establish dangerousness as required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277. ¶16 The County has the… Read more
Portage County v. L.E., 2020Ap1239-FT, District 4, 10/29/20 (one-judge decision; ineligible for publication); case activity The evidence presented at L.E.’s ch. 51 extenstion hearing was sufficient to prove she was dangerous and was not competent to refuse medication. ¶21 …. [Doctor] Khalil’s testimony was not so vague, equivocal, or lacking [as to fail… Read more
