Winnebago County v. C.S., 2020 WI 33, reversing a published court of appeals opinion; 4/10/20; case activity This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The… Read more
A. Ch. 51, Mental health
Jefferson County v. M.P., 2019AP2229, 3/5/20, District 4 (One-judge decision; ineligible for publication); case activity M.P. has schizophrenia. In 2018, she was committed for six months after she made statements about shooting some relatives and burning down a house. In 2019, the county sought and received an extension of the commitment. M.P. argues that recommitment… Read more
Marathon County v. D.K., 2020 WI 8, 2/4/2020, affirming an unpublished court of appeals decision; 2017AP2217; (case activity) The caption is the most confusing part of this opinion: ZIEGLER, J., delivered the majority opinion of the Court with respect to Parts I., II., III., IV.A., IV.B., and IV.C.1, in which ROGGENSACK, C.J., REBECCA GRASSL BRADLEY… Read more
Milwaukee County v. E.C.H., 2019AP772, District 1, 1/14/20, (1-judge opinion; ineligible for publication); case activity This appeal asks: Is evidence of homelessness, by itself, sufficient to prove that a person is dangerous to himself or will become dangerous if treatment is withdrawn? And the answer is . . . we don’t know. Hiding behind the… Read more
Portage County v. L.E., 2019AP1841-FT, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity Welcome to another chapter in the Wisconsin saga “once committed, always committed.” L.E. has been under commitment for 25 years. At her most recent recommitment hearing, the County offered a doctor’s testimony that “if treatment were withdrawn she’d become a… Read more
Monroe County v. D.J., 2019AP1133, 1/2/19, District 4, (1-judge opinion, ineligible for publication); case activity Oh, this issue again. Monroe County pursued a Chapter 51 original commitment against D.J. but didn’t say which of the 5 standards of dangerousness it was proceeding under. One doctor opined that commitment was warranted under the 1st or 2nd… Read more
La Crosse County v. J.M.A., 2018AP1258, 11/21/19, District 4 (one-judge decision; ineligible for publication); case activity J.M.A. appeals his recommitment under ch. 51. He argues the psychiatrist who was the sole witness at his trial provided only conclusory testimony on dangerousness; the court of appeals disagrees. But first, and odd detour into waiver and standing… Read more
Sauk County v. R.A.S., 2018AP2253, 10/31/2019, District 4 (one-judge decision; ineligible for publication); case activity R.A.S. was committed after a ch. 51 jury trial. The county alleged and the court instructed on two forms of dangerousness–those in Wis. Stat. § 51.20(1)(a)2.c. and 2.d.. R.A.S. asked that the verdict form require the jury to agree on… Read more
