On Point: b. Harm to others

Ozaukee County v. R.T.H., 2018AP1317, 2/27/19, District 2, (1-judge opinion, ineligible for publication); case activity; Marathon County v. C.M.L., 2017AP2220, 2/26/19, District 3 (1-judge opinion, ineligible for publication); case activity

These two, unrelated decisions highlight a recurring due process violation at Chapter 51 hearings. For an original commitment, the county must prove that the person is “dangerous” under 1 of 5 standards of dangerousness. §51.20(1)(a)2.a-e. Some counties don’t bother identifying any particular standard of dangerousness before or during the hearing. Others give notice of one standard and then prove a different standard of dangerousness at the hearing. Makes it hard to prepare a defense, no?

Marathon County v. D.K., 2017AP2217, 8/7/18, District 3 (1-judge opinion, ineligible for publication); petition for review granted 7/10/19, affirmed, 2020 WI 18; case activity

“Donald” is the pseudonym the court of appeals opinion assigned to D.K., who was committed under §51.20(a)2.b. Although Dr. Dave, the examining physician, waffled on the odds of whether Donald might do serious physical harm without commitment and treatment, the court of appeals found that his conclusion–that Donald posed a “substantial risk of danger to others”–got the job done.  It also acknowledged a potential antidote to mootness arguments in Chapter 51 appeals.

Dodge County v. J.T., 2016AP613, District 4, 2/9/17 (one-judge decision; ineligible for publication); case activity

The threats J.T. made in a letter provided sufficient evidence to find him dangerous to others under § 51.30(1)(a)2.b.

Iowa County v. J.L.R., 2016AP1459, 1/12/17 (one-judge decision; ineligible for publication); case activity (including briefs)

J.L.R. challenges her ch. 51 commitment on the ground that there was insufficient evidence that she was dangerous to herself or others. The court of appeals finds sufficient evidence as to danger to others, and so affirms.

Rock County v. S.J.M., 2016AP255-FT, 5/19/16, District 4 (one-judge opinion; ineligible for publication); case activity

A circuit court involuntarily committed S.J.M. under §51.20(1)(a)1 -2 after finding him mentally ill, a proper subject for treatment, and dangerous.  S.J.M. challenged the “dangerous” determination and, specifically, the finding that he threatened his mother with serious physical harm, which made her reasonably fear violent behavior and serious harm from him.

Kenosha County v. Steven H., 2014AP1435-FT, District 2, 10/15/14 (1-judge opinion ineligible for publication); case activity

The court of appeals here affirmed an order finding Steven H. “dangerous” under §51.20(1)(a)2.b, which requires, among other things, evidence that people were placed in reasonable fear of Steven’s violent behavior. Under this standard, a court may consider threats voiced to third parties rather than to the potential victims.  R.J. v. Winnebago County, 146 Wis. 2d 516, 521-22, 431 N.W.2d 708 (Ct. App. 1988).

Outagamie County v. Michael H., 2013AP1638-FT, District 3, 11/26/13 (1-judge decision, ineligible for publication), petition for review granted 6/12/14, affirmed, 2014 WI 127; case activity

Michael H. challenges a jury verdict finding him “dangerous” under Wis. Stat. § 51.20(1)(a)2a and involuntarily committing him for mental health treatment.  Given this procedural posture, the court of appeals’ holding seems confined to the facts of this case. 

Milwaukee County v. Cheri V., 2012AP1737, District 1, 12/18/12

 court of appeals decision (1-judge, ineligible for publication); case activity

Mental health commitment, § 51.20, requires proof of mental illness and dangerousness. Cheri V. limits this challenge to the latter; the court agrees:

¶7        As seen from our recitation of the facts adduced at the trial, however, there is absolutely no evidence that any of the statutory prerequisites were met—yelling at and pointing a finger at another person,

Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12

court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity

Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.

¶6        Wisconsin Stat. 

Outagamie County v. Lorna G., 2011AP1662, District 3, 10/25/11

court of appeals decision (1-judge, not for publication); for Lorna G.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Although the trial court’s reference to “potential” for harm was an “imprecise summary” of the §51.20(1)(a)2b test for commitment (“substantial probability of physical harm”), this articulation “was not a deviation from the” correct standard. Moreover, the trial court’s finding that Lorna G.