Jackson County v. C.A.D, 2020AP69, District 4, 9/17/20, (1-judge opinion, ineligible for publication); case activity This is the second time in a week District 4 has dismissed a recommitment appeal as moot despite the claim of collateral effects: a firearm restriction, stigma, possible liability for costs of care. D4 says: “prove they exist!” A fundamental… Read more
3. Civil Commitments
Waukesha County v. C.A.E., 2020AP834-FT, District 2, 9/16/20 (1-judge opinion, ineligible for publication); case activity “Carly” argued that the circuit court committed plain error when it admitted and relied on hearsay evidence of dangerousness introduced through the County’s testifying doctor at her recommitment hearing. She also challenged the court’s involuntary med order because the last… Read more
Waukesha County v. H.M.B., 202AP570, District 2, 9/16/20, (1-judge opinion, ineligible for publication); case activity This is not your typical Chapter 51 mootness decision. The county petitioned for the initial commitment of “Heather,” who was suffering from anorexia nervousa. She stipulated to a commitment but not to confinement at a mental hospital or to involuntary… Read more
Sauk County v. S.A.M., 2019AP1033, 9/3/20, District 4 (one-judge decision; ineligible for publication), reversed, 2022 WI 46; case activity Wisconsin involuntarily commits mentally ill people at a higher rate than any other state in the United States–close to 5 times the national average. Click here. Wisconsin is also in the minority of states that will… Read more
State v. Tavodess Matthews, 2018AP2142, petition to review a published court of appeals decision granted 8/26/20; case activity (including briefs) Issue presented: Is an adjourned probable cause hearing under ch. 980 a “preliminary contested matter” that terminates litigants’ opportunity to request judicial substitution? Because this is a ch. 980 sexually violent person commitment case, it… Read more
Portage County v. E.R.R., 2019AP2033, petition for review of an unpublished dismissal order granted 8/20/20; case activity Issues presented: Whether an appeal from a Wis. Stat. §51.20(1)(am) recommitment order may properly be dismissed as moot. Whether the County met its burden to prove by clear and convincing evidence that Mr. R. was currently dangerous as required… Read more
Rock County v. R.J., 2020AP93, 8/13/20, District 4 (1-judge opinion, ineligible for publication); case activity Thank heavens this opinion is not published. R.J’s initial commitment expired before he filed his notice of appeal. According to the court of appeals, R.J. should have sua sponte addressed mootness in his initial brief–before the County ever argued the… Read more
Waupaca County v. K.E.K., 2018AP1887, petition for review of an unpublished court of appeals decision granted 7/24/20; case activity Issues presented: Did the circuit court lose competency to conduct a recommitment hearing because the County did not file the evaluation of K.E.K. at least 21 days before the expiration of her commitment, as required by… Read more
