On Point: 3. Civil Commitments

Portage County v. J.W.K., 2017AP1574, petition for review of a memorandum opinion granted, 6/11/18; affirmed, 5/21/19; case activity

Whether an appeal of the extension of a Chapter 51 commitment based on insufficient evidence becomes moot when the circuit court enters a new extension order?

Whether an examining physician’s testimony is sufficient to support the extension of a commitment where the physician merely recites the statutory language?

Waukesha County v. M.J.S., 2017AP1843, 5/30/18, District 2, (1-judge opinion ineligible for publication); case activity

Section 51.61(1)(g)4 and Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607 establish that a person subject to a possible involuntary medication order is entitled to receive a reasonable explanation of the proposed medication, why it is being prescribed, its advantages and disadvantages (include side effects), and alternatives to it. If the person is incapable of expressing an understanding of these matters or incapable of applying the information to his situation in order to make an informed decision, then he is incompetent to refuse them. In this case, M.J.S. failed to show for the examination where a doctor would have attempted the statutorily-required explanation. The circuit court ordered involuntary meds; the court of appeals reversed.

State v. Justice G. Armstead, 2017AP1586-CR, 5/30/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)

Armstead pled NGI to 2 misdemeanors, pursuant to §971.16. The court ordered his conditional release into the community for 6 months, along with involuntary medications. Five months into the order, Armstead filed a motion for postdisposition relief  arguing that both the examining physician and the circuit court applied the wrong legal standard for ordering involuntary medications. The circuit court denied the motion. The conditional release order expired a week later but Armstead appealed anyway. The court of appeals dismissed his appeal as moot. In doing so, it made a significant error of law.

Milwaukee County v. I.K., 2017AP1425, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity

The County proved I.K. was dangerous under both § 51.20(1)(a)2.d., by showing there was a substantial probability I.K. would suffer physical harm resulting from his inability to satisfy basic needs due to mental illness, and § 51.20(1)(a)2.e., by showing that, after being advised of the advantages and disadvantages of accepting treatment, I.K. was unable to understand and make an informed choice regarding treatment and that a lack of treatment will result in further disability or deterioration.

Langlade County v. D.J.W., 2018AP145-FT, 5/1/18, District 3 (1-judge opinion, eligible for publication), petition for review granted, 7/10/19, reversed, 2020 WI 41; case activity

This decision makes you wonder whether §51.20(1)(am), Wisconsin’s recommitment statute, is unconstitutional either on its face or as applied to D.J.W.

Waukesha v. S.L.L., 2017AP1468, 5/2/18, District 2 (1-judge opinion, ineligible for publication), petition for review granted 8/15/18, affirmed, 2019 WI 66; case activity

No Wisconsin case addresses how a circuit court acquires personal jurisdiction over the subject of a Chapter 51 petition. Neither Chapter 51 nor any case authorizes a circuit court to enter a default commitment against a person whom the County failed to serve with the petition. Nor does any authority authorize doctors who have not “personally examined” the subject of a Chapter 51 petition to opine that she is mentally ill, dangerous, and the proper subject for treatment.  Yet that is what is what happened in this case.  The subject of a Chapter 51 petition could be dead, living at the North Pole, or thriving under the care of a private physician in another county, yet according to the circuit court it can still, without service, issue a default commitment against her and writ of capias to detain her next time she enters the county.

Sauk County v. R.M.C., 2017AP1860, May 3, 2018, District 4 (not recommended for publication); case activity

To appoint a guardian of the person or estate, the circuit court has to find 4 elements by clear and convincing evidence. This appeal focuses on §54.10(3)(a)2–the second element, which states:

[B]ecause of an impairment, the individual is unable effectively to receive and evaluate information or to make or communicate decisions to such an extent that the individual is unable to meet the essential requirements for his or her physical health and safety. WIS. STAT. § 54.10(3)(a)2.

Portage County v. J.W.K., 2017AP2429, 4/26/18, District 4, (1-judge opinion, ineligible for publication); case activity

J.W.K. appealed the extension of his Chapter 51 mental commitment arguing that the County failed to present sufficient evidence that he would be the proper subject for treatment if treatment were withdrawn. He argued that Dr. Persing’s testimony on this point “was too conclusory to be probative.” The court of appeals held that it was “sufficiently on point and clear.” Opinion ¶8.

Chippewa County v. M.M., 2017AP1325, 5/1/18, District 3, (1-judge opinion, ineligible for publication); case activity

You don’t see this very often. A jury found M.M. mentally ill, a proper subject for treatment, and dangerous under §51.20(1)(a)2.c based on testimony by not 1, not 2, but 3 doctors–all of whom said that M.M.’s paranoia and conduct would cause others to feel fearful and threatened and possibly assault him in an effort to protect themselves. This idea that M.M. was “indirectly” dangerous to himself did not wash with the court of appeals. It reversed and also rejected the County’s claim that M.M.’s appeal from this 6-month commitment was moot.

State v. Anthony Jones, 2018 WI 44, 5/4/2018, affirming an unpublished summary order, 2015AP2665, case activity

We noted in our post on the grant of Jones’s PFR that at the time there were “exactly zero Wisconsin appellate cases holding expert testimony inadmissible under Daubert.” That’s still true.