On Point: Defense wins!

Price County v. C.N.S., 2024AP853, District III, 1/22/25 (one-judge decision; ineligible for publication); case activity

Appellant CNS wins a battle but loses the war as the COA affirms the circuit court’s order extending her commitment under Ch. 51, but reverses order authorizing involuntary medication.  The Court clarified that a circuit court meets D.J.W.’s requirement to make a specific factual finding with reference to the subparagraph of Wis. Stat. § 51.20(1)(a)2. on which the recommitment is based if the circuit court’s oral ruling referred to the wording of the statute, even if the court did not cite the specific subparagraph.

Waukesha County v. M.A.C., 2024 WI 30, 7/5/24, reversing an unpublished court of appeals decision; case activity (including briefs)

In a big defense win, 6 justices agree that M.A.C. is entitled to relief, with four justices joining together to dismantle SCOW’s prior decision in S.L.L. with respect to notice and default judgment in Chapter 51 proceedings.

Marinette County v. A.M.N., 2022AP1395, District III, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Faced with a weak record, COA holds that A.M.N. cleared imposing hurdles to relief and reverses the lower court’s medication order as there was no proof he received a reasonable explanation of the proposed medication. However, despite a hearing rife with inadmissible hearsay, COA upholds the underlying commitment order under a harmless error analysis. 

Milwaukee County v. D.H., 2022AP1402, 3/7/23, District 1 (1-judge opinion, ineligible for publication); case activity

To obtain an involuntary medication order, a county must satisfy the multi-step test for incompetency to make medication decisions in §51.61(1)(g)4. The first step requires the county to prove that the person received a “reasonable explanation” of the advantages, disadvantages, and alternatives to medication. The examiner can’t just testify that she complied with the statute. She must tell the court what she told the person about the medication. In “Dan’s” case, the court of appeals reversed the involuntary medication order because the county failed this step.

Winnebago County v. C.S., 2020 WI 33,  reversing a published court of appeals opinion; 4/10/20; case activity

This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The decision changes trial procedure for inmates commitments, but also has implications for the involuntary medication of non-inmates under  Chapter 51.

Waukesha County v. M.J.S., 2017AP1843, 5/30/18, District 2, (1-judge opinion ineligible for publication); case activity

Section 51.61(1)(g)4 and Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607 establish that a person subject to a possible involuntary medication order is entitled to receive a reasonable explanation of the proposed medication, why it is being prescribed, its advantages and disadvantages (include side effects), and alternatives to it. If the person is incapable of expressing an understanding of these matters or incapable of applying the information to his situation in order to make an informed decision, then he is incompetent to refuse them. In this case, M.J.S. failed to show for the examination where a doctor would have attempted the statutorily-required explanation. The circuit court ordered involuntary meds; the court of appeals reversed.

Waukesha County v. Kathleen H., 2014AP90, District 2, 6/25/14 (1-judge; ineligible for publication); case activity

The County did not show that Kathleen, the subject of a ch. 51 commitment proceeding, is incompetent to refuse medication or treatment because it did not show that the advantages, disadvantages, and alternatives to her medication were explained to her, as required by § 51.61(1)(g)4. and Outagamie County v. Melanie L., 2013 WI 67, ¶¶91, 97, 349 Wis. 2d 148, 833 N.W.2d 607.

Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity

Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that the County, which bore the burden of proof, failed to establish that Mary was incompetent to refuse medication,

Outagamie County v. Melanie L., 2013 WI 67, reversing unpublished court of appeals decision; majority opinion by Justice Prosser; case activity

In an important case for lawyers handling ch. 51 cases, the supreme court concludes there was insufficient evidence to prove a person subject to a commitment order was incompetent to refuse medication. Along the way, the court provides a “detailed interpretation of the statutory language”

Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12

court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity

The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189 Wis. 2d 1,