Kenosha County v. James H., 2014AP2945, 6/3/15, District 2 (1-judge opinion, ineligible for publication); click here for case activity James was diagnosed with chronic paranoid schizophrenia and hospitalized many times. He appeal an order extending his involuntary commitment and argued, unsuccessfully, that the county failed to present evidence of recent acts of violence against others… Read more
3. Civil Commitments
Click here for certification order; circuit court order affirmed, 2016 WI 1; click here for case activity Issue (composed by the court of appeals): This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is whether… Read more
Waushara County v. F.E.K., 2014AP2987, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity The evidence was sufficient to show F.E.K. was not competent to refuse medication or treatment because he received an appropriate explanation of the alternatives to medication and treatment. To prove that a person committed under ch. 51 is not competent to refuse… Read more
Dane County v. Thomas F.W., 2014AP2469, District 4, 4/23/15 (one-judge decision; ineligible for publication); case activity To extend a ch. 51 commitment, the County must prove the subject individual is a proper subject for treatment, which means showing he or she is “capable of rehabilitation,” §§ 51.01(17) and 51.20(1)(a)1. The court of appeals rejects Thomas’s… Read more
Winnebago County v. Christopher S., 2014AP1048, 4/1/15, District 2, click here for certification; certification granted 5/12/15, circuit court orders affirmed, 2016 WI 1 Issue This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is… Read more
Sheboygan County v. Terry L.M., 2014AP2010, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket The court of appeals here rejects the County’s contention that it need not prove incompetency at a Chapter 55 commitment continuation hearing, but upholds the order for continued protective placement because Terry waived any errors in the… Read more
Rock County v. J.N.B., 2014AP774, District 4, 3/26/16 (one-judge decision; ineligible for publication); case activity Having rejected the no merit report filed by J.N.B.’s appellate counsel and ordered counsel to brief the issue of the sufficiency of the evidence, the court of appeals declares “the County presented ample evidence demonstrating that J.N.B. is dangerous because… Read more
Dane County v. P.H., 2014AP1469, District 4, 3/12/15 (one-judge decision; ineligible for publication); case activity Rejecting P.H.’s claim that the experts who testified based their opinions on “dated” information, the court of appeals finds the evidence was sufficient to extend P.H.’s ch. 51 commitment. P.H. conceded she suffers from a mental illness and is a proper subject… Read more
