On Point blog, page 3 of 3

Emergency Detention, § 51.15(10) – Untimely Probable Cause Hearing, Lost Competency of Court to Proceed

Dane County v. Stevenson L.J., 2009 WI App 84
For Stevenson L.J.: Ruth N. Westmont

Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a probable cause hearing; competency over the proceeding was therefore lost:

¶12      Under the County’s argument,

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Defense win – circuit court lost competency due to incorrect computation of time Limit for probable cause hearing

Dodge County v. Ryan E.M., 2002 WI App 71
For Ryan E.M.: Eileen A. Hirsch, SPD, Madison Appellate

Issue: Whether the 72-hour deadline, necessary for the court’s competency over the ch. 51 commitment proceeding, is measured from the subject’s time of detention. (“¶4. The issue in this case is whether the method of computing time set forth in Wis. Stat. § 990.001(4)(a) and (d), in which the first day is excluded,

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Mental health Commitment – Final Hearing Deadline

County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed
For Edward S.: Richard D. Martin, SPD, Madison Appellate

Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action.

Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the delay is caused by the respondent — here, firing his attorney. 

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