On Point blog, page 6 of 6
Protective Services – Competence of Court following Untimely Probable Cause Hearing
Kindcare, Inc. v. Judith G., 2002 WI App 36
Issue/Holding:
¶3 The issue presented by this appeal is whether the circuit court loses competence to adjudicate a person’s need for protective placement if the probable-cause hearing is not held within seventy-two hours after the person was taken into custody, or whether, as the trial court determined, the seventy-two-hours clock can be reset by the simple expedient of filing a new petition for protective placement.
Protective Services – Personal Presence of Alleged Incompetent
Knight and Knight v. Milwaukee Co., 2002 WI App 194
Issue/Holding: A trial court lacks competency to enter orders with respect to an alleged incompetent, unless the g.a.l. certifies the specific reasons the person can’t attend, pursuant to § 880.08(1).
Protective Placement – Right to Hearing Before Placement Continued
County of Dunn v. Goldie H., 2001 WI 102, affirming unpublished decision of court of appeals
For Goldie H.: John E. Joyce
Issue: Whether a ch. 55 subject has a right to a hearing before the circuit court orders continuation of protective placement; and whether the circuit court must make findings of fact to support such an order.
Holding:
¶6. We hold that a person is entitled to a hearing on the record before his or her protective placement is continued,
NGI: Sufficiency of Evidence, Denial of Petition for Conditional Release
State v. Thomas Wenk, 2001 WI App 268, PFR filed 10/31/01
For Wenk: Michael K. Gould, SPD, Milwaukee Appellate
Issue: Whether trial court denial of a petition for conditional release from an NGI commitment was an erroneous exercise of discretion.
Holding: Although the state expressed doubt that it had met its burden of proof, the trial court was free to disregard that view. And, although the experts recommended release upon certain conditions,
Guardianship/Protective Placement: Waiver of Conflict of Interest by Person Adjudicated Incompetent
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849
Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest.
Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit court erred in finding the mother to be incompetent, she was,