On Point blog, page 1 of 15
COA affirms commitment order under third standard and finds Ch. 55 exception does not apply
Washington County v. J.E.C., 2025AP2798, 4/29/26, District II (ineligible for publication); case activity
COA relies on the respondent’s frequent absconding from her group home to find dangerousness and also holds that the existing Ch. 55 order is insufficient to meet J.E.C.’s needs.
Defense Wins: COA reverses commitment order and order to continue commitment based on insufficient evidence of dangerousness.
Jackson County v. D.C., 2025AP1838 & 2025AP1839, 4/23/26, District IV (ineligible for publication); case activity
The COA reversed D.C.’s commitment order and the order extending his commitment because the County did not meet its burden to establish he was dangerous.
COA finds evidence sufficient for Chapter 55 medication order
Winnebago County v. L.J.F.G., 2025AP2645-FT, 4/8/26, District II (ineligible for publication); case activity
In a rare appeal from an involuntary medication order related to a protective placement order, COA affirms despite some of the County’s missteps.
COA affirms ch. 51 recommitment due to forfeiture of hearsay objection, takes judicial notice of a criminal complaint
Fond du Lac County v. S.R.H., 2025AP2727-FT, 3/18/26, District II (ineligible for publication); case activity
“Seth” challenges the 2025 extension of his ch. 51 commitment, contending that Fond du Lac County failed to introduce clear and convincing evidence to support the conclusion that he is dangerous pursuant to either WIS. STAT. § 51.20(1)(a)2.b. or 51.20(1)(am) and that the circuit court therefore erred in entering the extension order on those grounds. COA affirms.
Defense win: COA reverses guardianship med order
Grant County Dept of Social Services v. D.G.N., 2025AP2382, 2/27/26, District IV (ineligible for publication); case activity
In this appeal limited to the validity of an order for the involuntary administration of psychotropic medication in a guardianship case, COA holds that the county failed to meet two of the Wis. Stat. § 55.14(3) requirements.
COA relies on testimony from initial commitment hearing and judicial notice of CCAP records to affirm ch. 51 recommitment
Columbia County v. T.R.B., 2025AP1972, 1/8/26, District IV (ineligible for publication); case activity
T.R.B. argues on appeal that the dangerousness evidence at the recommitment hearing was inadmissible hearsay, that the circuit court relied on that inadmissible hearsay in making its factual findings, and that with the hearsay evidence properly excluded, the county did not present sufficient evidence of his dangerousness. COA rejects his challenges, concluding that there was sufficient nonhearsay evidence in the record but looking to testimony from the initial commitment and taking judicial notice of outside facts.
SCOW to determine whether failing to make examiner’s report accessible to defense counsel within 48 hours of final Chapter 51 hearing denies circuit court competence to proceed.
Outagamie County v. M.J.B., 2024AP250, petition for review of a published decision of the court of appeals, granted 10/6/25; case activity
SCOW granted Outagamie County’s petition for review to address whether an examiner’s report filed less than 48 hours in advance of the final hearing is inaccessible for purposes of Wis. Stat. § 51.20(10)(b), which provides that “[c]ounsel for the person to be committed shall have access to all psychiatric and other reports 48 hours in advance of the final hearing.”
COA rejects hearsay and D.J.W. challenges to ch. 51 commitment
Grant County v. T.L.M., 2025AP500, 8/28/25, District IV (ineligible for publication); case activity
T.L.M. challenges her recommitment, arguing that the circuit court erroneously admitted hearsay evidence over her objection, and that the court failed to make the required factual findings to support the commitment. COA concludes that although the circuit court erroneously admitted some hearsay, the error was harmless, and that the circuit court satisfied the demands of Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277.
Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial
Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity
“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.
Defense Win! COA agrees that failure to timely provide examiner reports prior to initial commitment hearing deprives court of competency
Outagamie County v. M.J.B., 2024AP250, 5/20/25, District III (recommended for publication); case activity; petition for review granted 10/6/25
In a case clarifying a legal question that has persisted for years in 51 litigation, COA holds that when the examiners do not satisfy the statutorily-imposed deadline for filing their reports in connection with a final hearing in an original commitment proceeding, the circuit court can lose competency.