On Point: b. Time limits

Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity

In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to comply with D.J.W.’s requirement “to make specific factual findings with reference to the subdivision paragraph of § 51.20(1)(a)2. on which the recommitment is based.” As a result, the court “must” reverse the 2023 commitment order and the corresponding order for involuntary medication. Op., ¶30.

Walworth County v. M.R.M., 2023 WI 59, 6/29/23, on certification from the court of appeals; case activity (briefs not available)

In a case with potentially far-reaching implications for Chapter 51 appeals, the Wisconsin Supreme Court issues a narrow holding that leaves a major D.J.W. issue for another day.

Outagamie County v. C.J.A., 2022AP230, 2/17/23, District 3 (one-judge decision; ineligible for publication); case activity

“Catherine” appeals the extension of her ch. 51 commitment. The recommitment hearing was originally set for a few days before her previous extension would expire. But three days before that scheduled hearing, Catherine requested an independent examination. She, the court, and the county agreed to a “stipulation for temporary extension to commitment” for 60 days. The final hearing was held near the end of this 60 days, 57 days after her commitment had been set to expire before the stipulation.

Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22,  reversed, 2023 WI 59; case activity

Issues (from the COA certification):

1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only prospectively?

2. In a ch. 51 case involving a petition to extend a commitment order, is circuit court competency determined from the expiration of the earlier commitment order or from the expiration of the extension order, even where the extension order is determined on appeal to be invalid?

Walworth County v. M.R.M., 2022AP140-FT, certification filed 7/14/22, certification granted, 9/14/22, reversed, 2023 WI 59; District 2; case activity

1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, have retroactive application or only prospective application?

2. In a ch. 51 case involving a petition to extend a commitment order, is circuit court competency determined from the expiration of the earlier commitment order or from the expiration of the extension order, even where the extension order is determined on appeal to be invalid?

Sheboygan County v. M.W., 2022 WI 40, reversing an unpublished court of appeals opinion; case activity

The crisp majority opinion of this 50-page split decision confirms a narrow but important point of law for ch. 51 cases. When an appellate court reverses a commitment order that has expired, the circuit court lacks competency to conduct remand proceedings in the case. The majority opinion does not address whether, in all cases, an appellate court must reverse a “D.J.W. error” outright or whether it may instead conduct a harmless error analysis. The dissent does not fully grasp this point and thus presents a long, confusing attack on an imaginary majority opinion.

Waukesha County v. E.J.W., 2021 WI 85, 11/23/21, reversing an unpublished court of appeals’ opinion; case activity

This 4-3 “defense win” delivers a 1-2-3 punch! The decision:  (1) holds that a person undergoing commitment has the right to demand a jury 48 hours before the time set for his final hearing–even if the hearing is rescheduled; (2) reverses a recent, published court of appeals opinion to the contrary; and (3) resolves a split over the proper remedy for cases where the appellate court holds that the circuit court erred, but the underlying commitment order has expired.  (Answer: Simply reverse because the circuit court lacks competency to conduct remand proceedings on an expired commitment order.)

Waukesha County v. M.J.S., 20221AP105-FT, District 2, 7/28/21 (one-judge decision; ineligible for publication); case activity

Under § 51.20(11)(a), a demand for a jury trial must be made “48 hours in advance of the time set for final hearing,” if notice of final hearing was provided to the subject individual or his or her lawyer. Applying Marathon County v. R.J.O., 2020 WI App 20, 392 Wis. 2d 157, 943 N.W.2d 898, the “time set for final hearing” is the original hearing date, not the date set after an adjournment.

Eau claire County v. J.M.P., 2020AP2014, 5/25/21, District 3 (1-judge opinion, ineligible for publication); case activity

Last term, SCOW ordered circuit courts deciding recommitment cases to make specific factual findings referencing the standard of dangerousness that supported a person’s recommitment. See Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277. In J.M.P., the circuit court violated this rule, so the court of appeals reversed and remanded the case for additional fact-finding. Unfortunately, this remedy creates significant burdens for people recommitted in violation of D.J.W and due process.

Milwaukee County v. T.L.T, 2020AP426, District 1, 5/18/21 (1-judge opinion, ineligible for publication); case activity

Two court-appointed examiners failed to file their reports on whether T.L.T. should be recommitted 48 hours before her final hearing. Trial counsel moved to dismiss arguing that the violation of §51.20(10)(b)’s 48-hour rule deprived the circuit court of competency to adjudicate the case.  The circuit court denied the motion, and without the defense’s agreement, adjourned the case so that counsel could review the reports before the hearing. T.L.T. appealed but the court of appeals dismissed her appeal as moot.