On Point: 1. Original commitment

Vernon County v. F.W.R., 2024AP203, District IV, 11/6/24 (one-judge decision; ineligible for publication); case activity

COA rejects F.W.R.’s challenges to his involuntary commitment order under Wis. Stat. § 51.20 for alcohol dependence, concluding that a person may be involuntarily committed for treatment for alcoholism, the circuit court followed the proper procedures and the county met its burden to prove that he was drug dependent and dangerous.

Waukesha County v. M.D.S., Jr., 2024AP1315, District II, 11/6/24 (one-judge decision; ineligible for publication); case activity

COA rejects “Smith’s” challenges raising commonly-litigated appellate issues and affirms in this chapter 51 case, concluding that the circuit court applied the correct legal standard and the county met its burden to show that Smith was dangerous under sub. 2.b.

Brown County v. L.M.R., 2023AP2314, District III, 8/6/24 (one-judge decision; ineligible for publication); case activity

COA rejects all of L.M.R.’s challenges raising commonly-litigated appellate issues and affirms in this Chapter 51 case given some less-than favorable facts.

Brown County v. J.D.T., 2023AP2339, 7/23/24, District 3 (one-judge decision; ineligible for publication); case activity

J.D.T. challenges the his commitment under ch. 51 (second and third standards). The COA concludes that the county presented sufficient evidence of dangerousness under the third standard, Wis. Stat. § 51.20(1)(a)2.c., and therefore does not address the second standard.

St. Croix County v. B.T.C., 2023AP2085, 6/11/24, District III (one-judge decision; ineligible for publication); case activity

In the second decision this week reversing a circuit court’s commitment order under Chapter 51, the COA concludes that respondent telling a police officer that he would “bring the chief to justice” not sufficient to establish the respondent is “dangerous.”

Marinette County v. C.R.J., 2023AP1695-FT, 4/16/24, District III (one-judge decision; ineligible for publication); case activity

C.R.J. (“Caleb”) challenged his commitment on two fronts: (1) the circuit court’s failure to comply with Langlade County v. D.J.W.’s “specific factual findings” mandate and (2) the county failed to introduce sufficient evidence of dangerousness under either standard. After critiquing the circuit court’s factual findings, the court agrees with Caleb that insufficient evidence existed to involuntarily commit him.

Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity

In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms.

Ozaukee County D.H.S. v. M.A.G., 2023AP681, 11/29/23, District II (one-judge decision; ineligible for publication); case activity

M.A.G. challenged the extension of her Chapter 51 commitment and the order finding her incompetent to refuse medication. The court of appeals affirms both orders after concluding that the county presented sufficient evidence of dangerousness under the the third standard and sufficient evidence that she is not competent to refuse medication.

Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity

R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and (3) is generally compliant with medication and treatment provided under commitment. However, his challenge runs into the buzzsaw of fears of decompensation and “recurrence of his symptoms.” (Op., ¶¶6-7).

Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity

In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of the mootness doctrine in COA with respect to 51 appeals.