On Point blog, page 33 of 33
Emergency Detention, § 51.15(10) – Untimely Probable Cause Hearing, Lost Competency of Court to Proceed
Dane County v. Stevenson L.J., 2009 WI App 84
For Stevenson L.J.: Ruth N. Westmont
Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a probable cause hearing; competency over the proceeding was therefore lost:
¶12 Under the County’s argument,
Ch. 51 Time Limits: Hearing to Review Transfer to Inpatient Status
Fond du Lac County v. Elizabeth M.P., 2003 WI App 232
For Elizabeth M.P.: Thomas K. Voss
Issue: Whether the circuit court had jurisdiction to transfer Elizabeth, who was on outpatient status under ch. 51, to inpatient status given that judicial review of the county’s transfer decision wasn’t held within 10 days, contrary to § 51.35(1)(e)3.
Holding:
¶28. Wisconsin Stat.
Mental Health Commitment – “Fifth Standard” – Constitutionality
State v. Dennis H., 2002 WI 104, on certification
For Dennis H.: Ellen Henak, SPD Milwaukee Appellate
Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional.
Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the court spells out and won’t be repeated here).
Defense win – circuit court lost competency due to incorrect computation of time Limit for probable cause hearing
Dodge County v. Ryan E.M., 2002 WI App 71
For Ryan E.M.: Eileen A. Hirsch, SPD, Madison Appellate
Issue: Whether the 72-hour deadline, necessary for the court’s competency over the ch. 51 commitment proceeding, is measured from the subject’s time of detention. (“¶4. The issue in this case is whether the method of computing time set forth in Wis. Stat. § 990.001(4)(a) and (d), in which the first day is excluded,
Mental health Commitment – Final Hearing Deadline
County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed
For Edward S.: Richard D. Martin, SPD, Madison Appellate
Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action.
Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the delay is caused by the respondent — here, firing his attorney.