On Point blog, page 1 of 1
SCOW to determine whether failing to make examiner’s report accessible to defense counsel within 48 hours of final Chapter 51 hearing denies circuit court competence to proceed.
Outagamie County v. M.J.B., 2024AP250, petition for review of a published decision of the court of appeals, granted 10/6/25; case activity
SCOW granted Outagamie County’s petition for review to address whether an examiner’s report filed less than 48 hours in advance of the final hearing is inaccessible for purposes of Wis. Stat. § 51.20(10)(b), which provides that “[c]ounsel for the person to be committed shall have access to all psychiatric and other reports 48 hours in advance of the final hearing.”
Open Records / Public Access to Court Records: Treatment Records, Generally – NGI Conditional Release Plan; Appellate Procedure: “Aggrieved Party” Right to Appeal
In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity
Open Records / Public Access to Court Records – Treatment Records, Generally
(Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release plan:)
¶25 While this is a criminal commitment case following an NGI finding under Wis.
Milw. Dep’y. Sh. Assoc. and Kuhtz v. City of Wauwatosa, No. 2009AP1924, District I, 6/15/10
court of appeals decision; BiC; Resp.; Reply
Confidentiality – § 51.30(4) – Emergency Detention Statement
Release by a police department of a statement of emergency detention, occasioned by a deputy sheriff’s threat to kill superior officers, violated the § 51.30(4) prohibition on release of “treatment records”; and was not justified by the public policy exception that imposes on psychiatrists the duty to warn potential targets of threats made by patients.