On Point: A. Ch. 51, Mental health

on review of unpublished decision; case activity

Issue (composed by On Point) 

Whether the county adequately proved that Melanie L. is incompetent to exercise informed consent, in that: the county’s expert testified that she was incapable of applying an understanding “to her advantage” instead of “to … her mental illness … in order to make an informed choice” (§ 51.61(1)(g)4.b.); and she recognizes she is mentally ill and needs medication,

Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity

Ch. 51 Commitment – Sufficiency of Evidence

Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied:

 ¶12      Here,

court of appeals certification, supreme court review granted 11/14/12; case activity

 § 51.35(1)(e) Patient Transfer, Time Limits

Issue certified:

Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing within ten days of said transfer,” is contrary to the plain language of the statute.  

Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12

court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity

The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189 Wis. 2d 1,

Outagamie County v. Melanie L., 2012AP99, District 3, 5/22/12, WSC review granted 11/14/12

court of appeals decision (1-judge, not for publication), supreme court review granted 11/14/12; for Melanie M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence held sufficient to sustain involuntary medication order.

¶11      We reject Melanie’s argument that the expert needs to iterate the specific words of the statute in order for the evidence to be sufficient.   

Fond du Lac County v. Helen E. F., 2012 WI 50, affirming 2011 WI App 72; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity

Someone suffering from Alzheimer’s Disease is not a fit subject for commitment under ch. 51 but, instead, guardianship proceedings under ch. 55.

¶13  Wis. Stat. ch. 55 provides Helen with the best means of care.  

Trempealeau County v. Charles O., 2011AP2794, District 3, 5/1/12

court of appeals decision (1-judge, not for publication); for Charles O.: William E. Schmaal, SPD, Madison Appellate; case activity

The court rejects Charles O.’s argument that the evidence fell short of the “fifth-standard” showing of dangerousness, § 51.20(1)(a)2.e., State v. Dennis H., 2002 WI 104, ¶14, 255 Wis. 2d 359, 647 N.W.2d 851:

¶11      When reviewing the sufficiency of the evidence,

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.

Winnebago County v. Nathan W., 2011AP2099, District 2, 2/1/12

court of appeals decision (1-judge, not for publication); for Nathan W.: Martha K. Askins, SPD, Madison Appellate; case activity

¶3        Here, Dr. Zerrien’s testimony at the commitment hearing supported the circuit court’s commitment order.  Dr. Zerrien was Nathan’s treating psychiatrist.  Dr. Zerrien testified based on his treatment of Nathan and his review of Nathan’s medical records.  Dr. Zerrien testified that Nathan has bipolar disorder and that this mood disorder grossly impairs him when he is not under treatment,

Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12

court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity

Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.

¶6        Wisconsin Stat.