Marquette County v. T.F.W., 2015AP2603-FT, 3/24/16, District 4 (one-judge decision; ineligible for publication); case activity At T.F.W.’s ch. 51 extension hearing, one of the examining physicians was asked “have the advantages, disadvantages and alternatives to [T.F.W.’s] medication been explained to [him]?” Her answer: “Yes, they have.” (¶7). That was the extent of the testimony on… Read more
3. Civil Commitments
M. L.-F. v. Oneida County Department of Social Services, 2016 WI App 25; case activity The County filed for termination of the parental rights of the mother and father of twin boys. While the TPRs were pending, the father’s mother, M. L.-F, filed a petition for guardianship of her grandsons. The court of appeals now holds… Read more
State v. David Hager, Jr., 2015AP330, and State v. Howard Carter, 2015AP1311, District 3, 2/2/2015; case activity (Hager) (Carter) (including briefs)–final SCOW decision here 4/19/18 Issues (1) Does [the 2013 Wis. Act 84] change in [Wis. Stat. § 980.09(2)] authorize the circuit court to weigh the evidence [to determine whether to hold a discharge trial], overruling State v. Arends, 2010 WI 46… Read more
Winnebago County v. Christopher S., 2016 WI 1, on certification from the court of appeals, and affirming the circuit court’s orders for commitment and involuntary medication; majority opinion by Justice Gableman, concurrence/dissent by Justice Abrahamson; case activity The provisions of ch. 51 allowing the involuntary mental health commitment of prison inmates without a finding of dangerousness… Read more
State v. Thomas Treadway, 2015AP591, District 1, 12/1/15 (not recommended for publication); case activity (including briefs) The evidence in the record is sufficient to support an order for involuntary medication under § 51.61(1)(g)4(intro.) and b. Under § 51.61(1)(g)4.(intro.) and b., the entity seeking the medication order must show that: 1) the advantages and disadvantages of, and the alternatives to, medication… Read more
Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t… Read more
Clark County v. S.A.G., 2015AP793, District 4, 10/8/15 (one-judge decision; ineligible for publication); case activity There was insufficient evidence for the protective placement order because the County failed to prove that S.A.G. suffers from a disability that is permanent or likely to be permanent, as required by § 55.08(1)(d). To establish that an individuals’ disability… Read more
Dane County v. T.B., 2015AP799. 10/1/15, District 4 (1-judge opinion, ineligible for publication); case activity T.B. sought to vacate an order for a Chapter 51 commitment on the grounds that the circuit court lost competency to proceed when it failed to make a verbatim record of his probable cause hearing per Wis. Stat. §51.20(5). According to… Read more
