Winnebago County v. A.P.D., 2022AP817, District 2, 11/16/22 (1-judge opinion, ineligible for publication); case activity Winnebago County successfully petitioned to recommit A.P.D. under the 5th standard of dangerousness. On appeal, he argued that the county offered insufficient evidence of mental illness and of dangerousness. Although A.P.D. lost, he raised some good points that the court… Read more
3. Civil Commitments
Sauk County v. A.D.S., 2022AP550, 11/17/22, District 4, (1-judge opinion, ineligible for publication); case activity The circuit court recommitted A.D.S. based on §51.20(1)(a)2.c, which seems to be the standard du jour for ch. 51 recommitments. Even though A.D.S. hadn’t recently behaved dangerously, the court of appeals affirmed because recommitments may be based on past evidence… Read more
Portage County v. A.R.F., 2022AP1262, 11/17/22, District 4 (one-judge decision; ineligible for publication); case activity A.R.F. challenges the extension of her commitment under ch. 51. She argues the circuit court failed to adequately identify and support one of the statutory dangerousness standards, as is required by Langlade Cnty. v. D.J.W., 2020 WI 41, 391 Wis… Read more
Marathon County v. T.J.M., 2022AP623, 11/8/22, District 3 (1-judge opinion, ineligible for publication); case activity “Trevor” appealed an order recommitting him for 12 months because (1) the circuit court orally failed to indicate a standard of dangeorusness per Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, and (2) the… Read more
Trempealeau County v. C.J., 2022AP286, 10/11/22, District 3 (one judge decision; ineligible for publication) case activity C.J. (“Carter” in the opinion) is diagnosed with paranoid schizophrenia. He was initially committed after an incident in which he drove recklessly with his girlfriend in the car, threatening to kill her and himself along with the president and… Read more
Sauk County v. W.B., 2021AP322, 9/9/22, District 4, (1-judge opinion, ineligible for publication; case activity This decision should strike fear in the hearts of those who have executed a healthcare power of attorney or who hold an HPOA for a loved one. According to the court of appeals, when a court declares a person incapacitated… Read more
Clark County v. R.F., 2022AP481, District 4, 9/1/22, (1-judge opinion, ineligible for publication); case activity Too bad this decision isn’t recommended for publication. The court of appeals reversed an order continuing a ch. 55 protective placement because the County failed to offer clear and convincing evidence that the continuation of protective placement would provide the… Read more
Clark County v. R.D.S., 2022AP229, District 4, 8/18/22; (1-judge opinion, ineligible for publication); case activity Ch. 55 practitioners take note! This is one of a few Wisconsin decisions reversing the continuation of a ch. 55 protective placement due to insufficient evidence. Here, the County failed to prove that due to R.D.S.’s disability he was incapable… Read more
