A. Ch. 51, Mental health

Waushara County v. F.E.K., 2014AP2987, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity The evidence was sufficient to show F.E.K. was not competent to refuse medication or treatment because he received an appropriate explanation of the alternatives to medication and treatment. To prove that a person committed under ch. 51 is not competent to refuse… Read more

Dane County v. Thomas F.W., 2014AP2469, District 4, 4/23/15 (one-judge decision; ineligible for publication); case activity To extend a ch. 51 commitment, the County must prove the subject individual is a proper subject for treatment, which means showing he or she is “capable of rehabilitation,” §§ 51.01(17) and 51.20(1)(a)1. The court of appeals rejects Thomas’s… Read more

Winnebago County v. Christopher S., 2014AP1048, 4/1/15, District 2, click here for certification; certification granted 5/12/15, circuit court orders affirmed, 2016 WI 1 Issue This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is… Read more

Rock County v. J.N.B., 2014AP774, District 4, 3/26/16 (one-judge decision; ineligible for publication); case activity Having rejected the no merit report filed by J.N.B.’s appellate counsel and ordered counsel to brief the issue of the sufficiency of the evidence, the court of appeals declares “the County presented ample evidence demonstrating that J.N.B. is dangerous because… 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

Winnebago County v. Brian C., 2014AP2792-FT, District 2, 3/11/15 (one-judge decision; ineligible for publication); case activity The record supports the trial court’s finding that the County met its burden of proving Brian was incompetent to refuse medication under § 51.61(1)(g)4(intro) and b. First, the County showed that a psychiatrist explained the advantages and disadvantages of, and alternatives to… Read more

Milwaukee County v. Aaron B., 2014AP2008-FT, 2/18/15, District 1 (1-judge opinion; ineligible for publication); case activity Aaron was deemed mentally ill and committed for 2 months under Chapter 51 when he bit off his caregiver’s ear. Afterwards, the county asked to extend his commitment under §51.20(13(g). Based upon statements from Aaron’s treating psychologists, the circuit court… Read more