COA dismisses appeal related to remedial sanction for contempt of court for nonparty in CHIPS case
Manitowoc County HSD v. K.H., 2024AP1717, District II, 12/23/25, 1-judge decision ineligible for publication; case activity (including briefs)
COA dismisses as moot an appeal from the circuit court’s order that resulted in K.H. serving 20 days of a remedial sanction for contempt of court.
The circuit court ordered “Kelly,” a nonparty to multiple CHIPS cases to appear to show cause, and found her in contempt for disseminating confidential information regarding the CHIPS cases after she failed to appear. (¶2). A number of orders followed. (¶3). Ultimately, Kelly appeared by counsel, and argued that she did not have notice of the first hearing. At the time, she was in the Manitowoc County jail. (¶4). After ordering the parties to submit memoranda on jurisdictional issues, COA determined that it had jurisdiction over a single order denying Kelly’s motion for relief, which was related to the contempt sanction. (¶¶5-7).
On appeal, Kelly argues that the circuit court erred in denying her motion for relief. The county contends that the court acted within its discretion, and argues that the appeal is moot for several reasons, including that Kelly has already served the 20-day period of incarceration ordered by the court. (¶8). COA agrees that reversing the order would have no practical effect because Kelly has served the 20 days and the order does not impose any other continuing sanctions or adverse consequences. (¶10).
The court then rejects Kelly’s arguments regarding mootness because the two exceptions she invokes apply to issues that are likely to recur, but she failed to make such a showing. As such, her arguments are “too speculative for this court to conclude that addressing the merits of her appeal will have a practical effect.” (¶13).