On Point: 6. Procedures/hearings/evidence

Winnebago County v. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity

This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s extension hearing was a Dr. Anderson, who had witnessed none of the behaviors she relied on to conclude that Dennis was dangerous, instead reading them from his institutional records. Over objection, the trial court relied on them anyway. The court of appeals now reverses the commitment because absent the hearsay, there was no evidence tending to show that Dennis would be dangerous if treatment were withdrawn.

Waupaca County v. J.D.C., 2023AP961, 9/14/23, District IV (one-judge decision; ineligible for publication); case activity

In another big defense win, COA clarifies the two requirements imposed on circuit courts by Langlade County v. D.J.W. and provides a roadmap for future challenges.

Winnebago County v. W.I., 2022AP2095, 08/30/2023, District 2 (1-judge opinion, ineligible for publication); case activity

In addition to the two court ordered psycholigical examinations required under § 51.20(9)(a)1., subdivision 3 provides individual’s subject to potential involuntary civil commitment “a right” to an additional psychological examination. See Wis. Stat. § 51.20(9)(a)3. If requested, the cost of the examination is either (1) at the individual’s expense  or (2) “if indigent and with approval of the court hearing the petition, at the reasonable expense of the individual’s county of legal residence…” As a matter of first impression, the court of appeals holds that individuals seeking such an evaluation must satisfy an implied and unspecified burden of proof to establish indigency before the individual may obtain an additional examination at county expense. (Op., ¶¶8-9).

Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on extensive hearsay testimony.

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.

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.

Winnebago County v. J.D.J., 2022AP1138, 2/22/23, District 2, (1-judge opinion, ineligible for publication); case activity

Such a maddening case. J.D.J., a prisoner diagnosed with schizoaffective disorder, was going to have a hard enough time winning a jury trial regarding his ch. 51 initial commitment. But the circuit court made his uphill battle impossible through a series of highly questionable pre-trial and trial rulings. Then the court of appeals, relying on nothing beyond its gut (i.e. not case law) affirmed.

Kenosha County v. L.A.T., 2022AP603, 1/11/22, District 2; (1-judge opinion, ineligible for publication); case activity

This appeal involves an important, recurring issue. Must the circuit court conduct a colloquy to determine whether the subject of a ch. 51 commitment proceeding knowingly and voluntarily stipulates to a commitment and medication? The court of appeals holds that there is no colloquy requirement, and there shouldn’t be one. The subject of ch. 51 commitment is presumed competent. If she says she’s stipulating to a commitment and medication, then the circuit court can (1) presume she’s making a knowing, intelligent and voluntary decision, and (2) find her dangerous without specifying a standard of dangerousness.

Winnebago County v. C.L.S., 2022AP1155-FT, 12/14/22, District 2, (1-judge opinion, ineligible for publication); case activity

C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county’s evidence of dangerousness was insufficient, and the circuit court failed to make the findings required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277.  The court of appeals rejected both arguments. But if its description of the examiner’s testimony is accurate, C.L.S. should have, at the very least, won on insufficient evidence.

Winnebago County v. P.D.G., 2022AP606-FT, 9/7/22, District 2, (1-judge opinion; ineligible for publication); case activity

Winnebago County dumped 550 pages of discovery on counsel 2 hours and 15 minutes before “Paul’s” recommitment hearing, so he requested a adjournment. “Denied!” said the circuit court because §51.20(10)(e) allows only 1 adjournment, which had already been used. If the SPD had appointed counsel sooner, this wouldn’t have happened. On appeal, Paul argued that the court misread the statute, and he can’t control the appointment process. He also argued that the county failed to prove that the examiner gave him a “reasonable explanation” of the “particular medication” prescribed for him per §51.61(1)(g)(4) and Outagamie County v. Melanie L. The court of appeals affirmed.