On Point blog, page 1 of 1
Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial
Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity
“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.
COA holds that protective placement may be continued based on evidence from previous hearings provided the evidence was “adjudicated.”
Pierce County v. P.C.A., 2024AP1367, 7/1/25, District III (ineligible for publication); case activity
While affirming the circuit court continuing a protective placement order under Chapter 55 after a due process hearing (known as a Watts hearing), the COA clarified that, following previous due process hearings, documentary evidence that was admitted, and testimony that was accepted by the circuit court and incorporated into its findings, may be considered at subsequent due process hearings.
COA rejects sufficiency challenges in 51 appeal and affirms
Waukesha County v. J.A.K., 2024AP2535, 6/25/25, District II (ineligible for publication); case activity
In yet another Chapter 51 appeal, COA rejects the usual arguments and affirms.
Although County concedes findings could have been more thorough, COA discerns no DJW violation and affirms
Winnebago County v. J.S., 2024AP1333, 3/5/25, District II (1-judge decision, ineligible for publication); case activity
In yet another case testing the applicability of SCOW’s D.J.W. mandate, COA finds that the circuit court “barely” satisfied those requirements and affirms.