State v. T.P., 2015AP857, District 1, 8/18/15 (one-judge decision; ineligible for publication); case activity Recently enacted statutes allow a circuit court to presume that a parent in a TPR proceeding has waived the right to counsel if, after being ordered to appear in court, the parent fails to do so and the court finds that failure egregious… Read more
4. Default judgment
State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity This case is noteworthy in 2 respects. First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes. And, second, the court of appeals complimented a… Read more
State v. Rickey V., 2014AP334, District 1, 7/8/14 (1-judge; ineligible for publication); case activity Father’s failure to appear at two scheduled evidentiary hearings on whether there were grounds for termination of parental rights was sufficiently “egregious” to justify a default judgment against him under Dane County DHS v. Mable K., 2013 WI 28, ¶70, 346 Wis… Read more
Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3 We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read more
State v. Yvette A., 2012AP548, District 1, 8/14/12 court of appeals decision (1-judge, not for publication); case activity Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric… Read more
State v. Laura M., 2011AP2828, District 1, 3/27/12 court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report… Read more
Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12 court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point)… Read more
State v. Marquita R., 2010AP1981, District 1, 12/14/10 court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir TPR – Default as Sanction Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct… Read more
