On Point: 4. Default judgment

State v. J.B., 2016AP483, 484 & 485, 10/4/2016, District 1 (1-judge decision; ineligible for publication); case activity

2013 Wis. Act 337 created Wis. Stat. § 48.23(2)(b)3., which permits a TPR court in some circumstances to find that a parent who has defaulted as to grounds by failing to appear has also waived his or her right to counsel. The statute then imposes a two-day waiting period before the court proceeds to disposition. But what if the court finds a parent in default but does not find counsel waived?

Waukesha County DH&HS v. K.R.G., 2016AP222, 4/20/16, District 2 (1-judge opinion; ineligible for publication); case activity

The court of appeals here holds that a mom’s failure to follow court orders and failure to make court appearances were egregious enough to justify a default finding of grounds for terminating her parental rights even though she asserted a “desire” and “determination” to participate in the proceeding.

Adoptions of Wisconsin, Inc. v. J.S., 2015AP1403, District 3, 1/29/16 (one-judge decision; ineligible for publication); case activity

The circuit court entered a default judgment terminating J.S.’s parental rights after he failed to appear at the hearing scheduled on the petition, and the court of appeals holds J.S. isn’t entitled to reopen that judgment.

State v. L.M.-N., 2014AP2405 & 2014AP2406, District 1/4, 10/8/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly entered a default judgment in L.M.-N.’s termination of parental rights proceeding based on her failure to appear at her scheduled deposition and, when she did finally appear, by refusing to testify.

State v. T.N., 2014AP2407 & 2014AP2408, District 4, 9/10/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly entered a default judgment against T.N. in his TPR proceeding when, despite the court’s warnings and admonitions, T.N. failed to appear at a scheduled court appearance.

State v. T.P., 2015AP857, District 1, 8/18/15 (one-judge decision; ineligible for publication); case activity

Recently enacted statutes allow a circuit court to presume that a parent in a TPR proceeding has waived the right to counsel if, after being ordered to appear in court, the parent fails to do so and the court finds that failure egregious and without a justifiable excuse. The circuit court’s application of those statutes in this case didn’t violate the parent’s due process rights.

State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity

This case is noteworthy in 2 respects.  First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes.  And, second, the court of appeals complimented a brief–specifically, the brief filed by the GAL, Linnea Matthiesen.

State v. Rickey V., 2014AP334, District 1, 7/8/14 (1-judge; ineligible for publication); case activity

Father’s failure to appear at two scheduled evidentiary hearings on whether there were grounds for termination of parental rights was sufficiently “egregious” to justify a default judgment against him under Dane County DHS v. Mable K., 2013 WI 28, ¶70, 346 Wis. 2d 396, 828 N.W.2d 198 (circuit court may find a parent in default if the parent’s unintentional failure to follow court orders is “‘so extreme, substantial and persistent’ that the conduct may be considered egregious”).

Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity

¶3        We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional evidence. It also erred when it granted the default judgment before taking evidence sufficient to establish the grounds alleged in the amended petitions.

State v. Yvette A., 2012AP548, District 1, 8/14/12

court of appeals decision (1-judge, not for publication); case activity

Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric treatment.

¶13      Because entry of default is a particularly harsh sanction,