On Point blog, page 3 of 8
COA rejects challenges to sufficiency of evidence for 51 extension, involuntary med order
Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent.
COA rejects challenges to recommitment and involuntary medication
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.
SCOW accepts review of important case which could clarify the “ground rules” for involuntary medication appeals
Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; dismissed as improvidently granted 5/14/24, case activity (including briefs)
SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals.
Challenge to involuntary medication order fails
Sawyer County v. P.D.F., 2022AP2007, 11/7/23, District III (one-judge decision; ineligible for publication); case activity
Although P.D.F. successfully persuades COA that the circuit court erroneously concluded he did not understand the advantages, disadvantages and alternatives to medication, the record nonetheless shows that he was incapable of applying an understanding.
Defense win! County failed to prove patient received a reasonable explanation of proposed medication
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.
COA affirms another medication order by rejecting “reasonable explanation” arguments; continues to propagate uncertainty in our law
Winnebago County v. P.D.G., 2022AP2005, District II, 8/16/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In yet another appeal of a medication order attacking the sufficiency of the evidence as to the statute’s requirement that the person receive a “reasonable” or “adequate” explanation of, among other things, the advantages and disadvantages of proposed medication, COA once again affirms in a decision highlighting uncertainty in our law.
COA affirms circuit court in an opinion generating more uncertainty about appellate challenges to Chapter 51 medication orders
Winnebago County v. D.E.W., 2023AP215, District II, 7/26/23, 1-judge decision ineligible for publication; petition for review granted 12/12/23; dismissed as improvidently granted 5/14/24 case activity (briefs not available)
In yet another appeal of a medication order, COA concludes the County sufficiently cleared legal hurdles meant to protect citizens from the involuntary administration of psychotropic drugs.
COA affirms extension of involuntary mental commitment order, order for involuntary medication, entered in absentia based on its understanding of binding precedent
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available)
In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent.
COA affirms involuntary med order, but “strongly encourages” counties to “take more care…in the future”
Winnebago County v. L.J.F.G., Case No. 22Ap1589, District 2, 04/12/2023 (one-judge opinion, ineligible for publication); case activity
L.J.F.G.’s (Emily’s) appeal concerned a stayed order for involuntary administration of psychotropic medication under Wis. Stat. § 55.14. While the court affirms the order and concludes that the evidence was sufficient to satisfy the statutory standard, it also noted that “the County certainly could have done a better job presenting evidence” and that the testimony was “hardly a model of clarity and does not put much meat on the bones.” (Opinion, ¶15). Moreover, the court added an observational footnote that “strongly encourages not only this county but other counties as well to take more care” presenting evidence at evidentiary hearings under Chapters 51 and 55. (Id., ¶16, n.3). The court further opined from its “singular perspective that much time could be saved for everyone in ‘the system’ if such additional time and care was employed at the petition and hearing stages.” (Id.).
Defense win! County failed to prove examiner gave “reasonable explanation” of medication
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.