State v. N.K.B., 2023AP722-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity
In yet another involuntary med appeal arising from pretrial competency proceedings, SCOW is asked to clarify whether dangerousness alone is a sufficient basis on which to order involuntary medication.
Here, the State has filed a relatively straightforward petition:
Under Wisconsin’s Mental Health Act, “patients” have the right to refuse medication except under certain circumstances, including where they pose a danger to themselves or others at the institution charged with their care. Chapter 971.14 committees, like Chapter 980 committees, are “patients” within the meaning of the Act. This Court previously held that the Act authorized a Chapter 980 committing court to order involuntary medication to address a committee’s dangerousness at an institution. Does the Act also authorize a Chapter 971.14 committing court to order forced medication to address dangerousness at an institution?
In the State’s view, then, this is a straightforward issue of statutory construction with some binding case law already on its side. Of course, the response to the State’s petition points out that the issue is considerably more complicated than the State suggests. One never can predict how the justices will see things, but, at the very least, and like its companion case, J.D.B., this appeal looks to provide important guidance in this emerging practice area.
