Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that… Read more
A. Ch. 51, Mental health
Polk County Human Services Dep’t v. Boe H., 2013AP1719, District 3, 1/14/13 (not recommended for publication); case activity This appeal turns on the court of appeals’ application of the law of the case doctrine, so it’s necessary to recap some procedural history. After a jury found Boe mentally ill, a proper subject for treatment, and… Read more
Outagamie County v. Michael H., 2013AP1638-FT, District 3, 11/26/13 (1-judge decision, ineligible for publication), petition for review granted 6/12/14, affirmed, 2014 WI 127; case activity Michael H. challenges a jury verdict finding him “dangerous” under Wis. Stat. § 51.20(1)(a)2a and involuntarily committing him for mental health treatment. Given this procedural posture, the court of appeals’ holding seems… Read more
Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman) The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under… Read more
Outagamie County v. Aaron V., 2013AP808, District 3, 9/10/13; court of appeals decision (1-judge; ineligible for publication); case activity The evidence supported an extension of Aaron’s ch. 51 commitment even though Dr. Dave, the county’s expert, did not specifically testify Aaron would “decompensate” or become dangerous if treatment were withdrawn and did not provide reasons… Read more
Outagamie County v. Melanie L., 2013 WI 67, reversing unpublished court of appeals decision; majority opinion by Justice Prosser; case activity In an important case for lawyers handling ch. 51 cases, the supreme court concludes there was insufficient evidence to prove a person subject to a commitment order was incompetent to refuse medication. Along the… 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
Winnebago County v. Gina A.R., 2013AP226, District 2, 5/22/13; court of appeals decision (1-judge; ineligible for publication); case activty The court rejects Gina A.R.’s claim that the evidence at the final hearing was insufficient to show she is mentally ill, a proper subject for treatment, and dangerous, noting that much of her argument discusses facts… Read more
