In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases, Order Filed 5/2/2024; effective July 1, 2024.
In response to an increasing amount of appeals pertaining to competency, particularly of medication orders, SCOW approves a new appellate mechanism for appeals of orders (including medication orders) entered under § 971.14.
Pursuant to its rulemaking authority, SCOW adopts a proposal with near-universal support to create a new appellate mechanism under § 809.19 governing appeals of orders regarding a defendant’s competency to stand trial. As the Judicial Council Note summarizes the new rule, “This section provides a uniform, organized, and expedited handling of appeals from orders under s. 971.14.” (p.11). And, as Justice Dallet points out, the new rule “provides that an automatic 14-day stay pending appeal applies such involuntary medication orders, abrogating our decision in State v. Green, 2022 WI 30, 401 Wis. 2d 542, 973 N.W.2d.” (p.14). (This latter point draws a dissent from Justices R.G. Bradley and Ziegler, aggrieved that SCOW is reversing a holding via a rules order).
As enacted, the new rule should be familiar to TPR practitioners, as it appears to borrow many of the compressed timelines for virtually every applicable deadline. It also provides an automatic stay of medication orders for at least 14 days, with the opportunity for that stay to be extended pending additional appellate proceedings. For those saying, I don’t have time to read a thirty page order, just get me to the essentials–don’t worry! The Wisconsin State Public Defender–and SPD Mental Health Practice Coordinator Lucas Swank in particular–has put together a large body of resources online, including checklists and form pleadings.
