On Point: b. Moot

Waukesha County v. R.D.T., 2024AP1390, 2/12/25, District II (1-judge decision, ineligible for publication); case activity

COA dismisses “Rex’s” D.J.W. and sufficiency challenges to his 2023 recommitment and involuntary medication orders as moot.

Winnebago County v. J.L.C., 2023AP200, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Although most litigators believed that arguments about mootness in 51 appeals were now settled, COA resurrects the mootness doctrine to deny relief in this appeal of an expired order.

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.

Milwaukee County v. K.M., 2019AP1166, 4/13/21, District 1; (1-judge opinion ineligible for publication); case activity

The saga continues. Portage County v. E.R.R. 2019AP20133 presented the question of whether appeals from recommitment orders are ever moot due to their collateral effects. When SCOW split 3-3 in that case, it granted review in Sauk County v. S.A.M., 2019AP1033 and ordered the parties to brief whether it may order the court of appeals to decide commitment appeals before they expire. See our post here. Some might see the S.A.M. order as a red flag signaling “proceed with caution” on mootness. But, like a bull, the court of appeals charges ahead to dismiss another recommitment appeal as moot.

The moment Chapter 51 lawyers have been waiting for has . . . been postponed.  This term SCOW was set to decide whether appeals from expired recommitment orders are ever moot. See our post on Portage County v. E.R.R., 2019AP20133. After briefing and oral argument (in which Justice Anne Walsh Bradley did not participate), SCOW split 3-3 on the issue.  This means that the order dismissing E.R.R.’s appeal as moot stands. That’s the bad news.  Here’s the good news.

Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity

Issues for review:

1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal.

2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence.

3. Whether S.A.M. was denied procedural due process because the county failed to provide particularized notice of the basis for his recommitment. including which standard of dangerousness was being alleged.

4.  Whether this court has the authority, through its “superintending and administrative authority over all courts” (Wis. Const. art. VII, § 3(1)) and/or its authority to “regulate pleading, practice, and procedure in judicial proceedings in all courts” (Wis. Stat. § 751.12(1)), to require the court of appeals to expedite the disposition of appeals under Wis. Stat. ch. 51, or in some other manner to ensure that appellants under Wis. Stat. ch. 51 receive an appeal that addresses the merits of the appellants’ contentions?*

Waukesha County v. L.J.M., 2020AP820, 11/4/20, District 2 (one-judge decision; ineligible for publication); case activity

L.J.M. (“Lisa”) appeals the extension of her commitment under ch. 51. In a thorough opinion, the court of appeals affirms, though not without pointing out deficiencies in the county’s case and the circuit court’s decision.

Jackson County v. C.A.D, 2020AP69, District 4, 9/17/20, (1-judge opinion, ineligible for publication); case activity

This is the second time in a week District 4 has dismissed a recommitment appeal as moot despite the claim of collateral effects: a firearm restriction, stigma, possible liability for costs of care. D4 says: “prove they exist!” A fundamental principle of appellate procedure is that the parties to an appeal cannot cite to evidence outside the record. So query how District 4 thinks appellants should prove these effects? This is why appellate courts around the country presume that committiments have collateral effects and decide them. Click here. Meanwhile, District 3 just took the opposite approach in denying a motion to dismiss a recommitment appeal for mootness. Click here.

Waukesha County v. H.M.B., 202AP570, District 2, 9/16/20, (1-judge opinion, ineligible for publication); case activity

This is not your typical Chapter 51 mootness decision.  The county petitioned for the initial commitment of “Heather,” who was suffering from anorexia nervousa. She stipulated to a commitment but not to confinement at a mental hospital or to involuntary treatment. The court of appeals dismissed her appeal as moot despite the collateral consequences of a firearm restriction and stigma.

Sauk County v. S.A.M., 2019AP1033, 9/3/20, District 4 (one-judge decision; ineligible for publication), reversed, 2022 WI 46; case activity

Wisconsin involuntarily commits mentally ill people  at a higher rate than any other state in the United States–close to 5 times the national average. Click here. Wisconsin is also in the minority of states that will dismiss an appeal from an expired commitment order as moot. Unless we’re  prepared to accept that, compared to the rest of the country, Wisconsin has a much larger percentage of residents who are both mentally ill and dangerous, this is troubling. It suggests that Wisconsin may be unlawfully committing and medicating people and then denying them their right to appeal. SCOW is poised to decide whether commitment appeals are ever moot. So the court of appeals could have stayed this appeal until SCOW resolved the point. Instead, it walked out on a limb to dismiss the appeal as moot.