On Point: 1. Original commitment

Manitowoc Co. HSD v. Tammy L.C., No. 2010AP118, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Tammy L.C.: Matthew S. Pinix

Mootness – Discharge from Civil Commitment

Appeal of commitment order is dismissed as moot where appellant has been discharged and no extension sought.

Mootness raises a question of policy, not jurisdiction, and the court dismissed the appeal only after satisfying itself that the underlying issue isn’t recurrent but,

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,

State v. Dennis H., 2002 WI 104, on certification
For Dennis H.: Ellen Henak, SPD Milwaukee Appellate

Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional.

Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the court spells out and won’t be repeated here).

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,

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.