On Point: 3. Civil Commitments

State v. Rodney Timm, 2019AP1922, District 3, 7/21/20 (not recommended for publication); case activity (including briefs)

If you handle ch. 980 cases you know that 2013 Wis. Act 84 changed the legal standard under § 980.09 for determining whether a person committed under ch. 980 is entitled to a discharge hearing. But you don’t know what the Act 84’s revisions to the standard mean—because no one knows, not even the supreme court. The court of appeals doesn’t decide what the standard means in this case, either, but it teases enough thread out of the tangle created by Act 84 to conclude Timm isn’t entitled to a discharge hearing.

Fond du Lac County v. S.N.W., 2020AP274-FT, District 2, 7/15/20 (one-judge decision; ineligible for publication), petition  for review granted 11/19/20; case activity

The testimony of the county’s expert provided sufficient evidence of dangerousness under § 51.20(1)(a)2.b. and (1)(am).

Winnebago County v. S.H., 2020 WI App 46; case activity

The court of appeals rarely publishes opinions in “fast track” cases. It took that unusual step here. The opinion strives to show the type of evidence that is sufficient for a recommitment even though the mentally ill person has taken all of her medication and has maintained stable housing and employment for two years.

Fond du Lac v. S.N.W., 2019AP2073, 6/17/20, District 2 (1-judge opinion, ineligible for publication); case activity

We detect the unmistakable odor of SCOW bait. One of two court appointed medical experts failed to submit his examiner’s report within 48 hours before the final hearing for an original commitment of a prisoner. S.N.W. argued that this violation deprived the circuit court of competence to adjudicate the case. Alternatively, if the court retained competency, the report had to be excluded. The court of appeals disagreed. Who needs expert reports 48 before trial? Not defense lawyers striving to defend their clients’s rights. They can just wing it. This decision is at odds with several unpublished opinions and thus sets up a good petition for review.

Portage County v. E.R.R., 2019AP2033, 5/21/20, District 4 (one-judge decision; ineligible for publication); case activity

E.R.R.’s original commitment term expired during the pendency of his appeal, but the commitment was extended. He concedes this makes the appeal moot but argues the court should nevertheless decide his issues because they are of great public importance and likely to arise again. We’ll never know if he had a point, because the briefs are confidential and the court’s rejection of his arguments consists of a single paragraph:

Winnebago County v. L. F.-G., 2019AP2010, 5/20/20, District 2 (one-judge decision; ineligible for publication); case activity

This is an appeal of the extension of the commitment of someone the court calls “Emily.” Following our supreme court’s decision in Portage County v. J.W.K., 2019 WI 54, ¶19, 386 Wis. 2d 672, 927 N.W.2d 509, the court of appeals reverses because the county didn’t introduce any evidence that Emily would be dangerous if treatment were withdrawn.

Langlade County v. D.J.W., 2020 WI 41, reversing an unpublished court of appeals opinion, 4/24/20; case activity

Wisconsin’s involuntary commitment rate is higher than that of any other state–by a long shot. According to a report for the Substance Abuse and Mental Health Services, the annual commitment rate among states ranges from 0.23 to 43.8 per 1,000 adults with serious mental illness. The average is 9.4 per 1,000, with Wisconsin at 43.8. SCOW’s decision in this case can reduce the number of fait accompli commitment hearings–but only if defense lawyers invoke it and trial courts take it seriously.

Marathon County v. R.J.O., 2020 WI App 20; case activity

This is an important, published, and demonstrably incorrect court of appeals’ decision regarding Chapter 51 recommitment procedure.

Winnebago County v. C.S., 2020 WI 33,  reversing a published court of appeals opinion; 4/10/20; case activity

This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The decision changes trial procedure for inmates commitments, but also has implications for the involuntary medication of non-inmates under  Chapter 51.

State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity

Issues:

1. To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980?
2. Should the standard of review of the sufficiency of the evidence of dangerousness in a Chapter 980 case be changed to require that a reviewing court conduct a de novo review of whether the evidence satisfies the legal standard of dangerousness?