On Point blog, page 2 of 7
HUGE Defense Win: SCOW overrules S.L.L. and reverses default judgment in Chapter 51 appeal
Waukesha County v. M.A.C., 2024 WI 30, 7/5/24, reversing an unpublished court of appeals decision; case activity (including briefs)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.
Defense Win! COA reverses recommitment order
Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity
In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings.
COA: Mother forfeited personal jurisdiction and improper substitution claims
State v. J.S.,, 2024AP180 & 2024AP181, 4/16/24, District I (one-judge decision; ineligible for publication); case activity
On appeal from TPR orders related to her two children, J.S. (“Julia”) raised two issues: whether the circuit court had personal jurisdiction over her and whether the circuit court erred by granting the GAL’s substitution request. The court of appeals makes short work of each argument because Julia forfeited the claims by not first raising either issue in the circuit court.
SCOW affirms denial of supervisory writ, seeks to clarify “preferred” appellate procedure to challenge denied substitution request
State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity
A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no “plain duty” to treat Davis’ request for substitution as timely under Wis. Stat. § 971.20(4). The court also uses the decision to clarify that a petition for a supervisory writ is not the preferred vehicle to seek appellate review of a circuit court’s denial of a request for substitution that was filed after arraignment. Op, ¶11.
COA rejects attempt to use plain error doctrine to challenge hearsay evidence in 51 appeal
Portage County v. D.P.W.O., 2023AP1975, 3/7/24, District IV (one-judge decision; ineligible for publication); case activity
In yet another appeal challenging the use of hearsay statements contained within an examiner’s report, COA rejects D.P.W.O.’s attempt to use the plain error doctrine to prove that this unpreserved error merits reversal of the extension order.
Defense Win! COA troubled that circuit courts are still failing to comply with D.J.W.
Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity
In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to comply with D.J.W.’s requirement “to make specific factual findings with reference to the subdivision paragraph of § 51.20(1)(a)2. on which the recommitment is based.” As a result, the court “must” reverse the 2023 commitment order and the corresponding order for involuntary medication. Op., ¶30.
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 reverses in another D.J.W. win for failure to make specific factual findings
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity
In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal.
COA says individual represented by SPD bears burden to prove indigency before court may order independent eval under § 51.20(9)(a)3.
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).
COA resurrects mootness doctrine to dodge challenges to Ch. 51 order
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.