court of appeals decision (1-judge, not for publication); for Asley: Donald T. Lang, SPD, Madison Appellate Mental Commitment Trial court order of inpatient treatment supported by evidence: ¶18 Dr. Berney testified that as of the date of his examination, Ashley required inpatient treatment, but there was a substantial probability she would be ready for outpatient treatment… Read more
A. Ch. 51, Mental health
Dane County v. Stevenson L.J., 2009 WI App 84 For Stevenson L.J.: Ruth N. Westmont Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a… Read more
Fond du Lac County v. Elizabeth M.P., 2003 WI App 232 For Elizabeth M.P.: Thomas K. Voss Issue: Whether the circuit court had jurisdiction to transfer Elizabeth, who was on outpatient status under ch. 51, to inpatient status given that judicial review of the county’s transfer decision wasn’t held within 10 days, contrary to § 51.35(1)(e)3. Holding… Read more
State v. Dennis H., 2002 WI 104, on certification For Dennis H.: Ellen Henak, SPD Milwaukee Appellate Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional. Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the… Read more
Dodge County v. Ryan E.M., 2002 WI App 71 For Ryan E.M.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the 72-hour deadline, necessary for the court’s competency over the ch. 51 commitment proceeding, is measured from the subject’s time of detention. (“¶4. The issue in this case is whether the method of computing time set… Read more
County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed For Edward S.: Richard D. Martin, SPD, Madison Appellate Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action. Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the… Read more
