On Point: 4. Default judgment

State v. Marquita R., 2010AP1981, District 1, 12/14/10

court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir

TPR – Default as Sanction

Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct, intended to disrupt the TPR process, supported the trial court’s decision to find her in default as a sanction.Nor did the default ruling violate due process,

State v. LaDonna E., 2010AP1733, District 1, 12/7/10

court of appeals decision (1-judge, not for publication); for LaDonna E.: Jane S. Earle

Termination of parental rights upheld. Mother (LaDonna E.), after defaulting on grounds phase, challenged termination on basis that child’s aunt, who had custody and wanted to adopt child, should be appointed guardian instead.

¶9        The circuit court noted that “Kenny will be adopted.”  See Wis.

State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55

 Issue: “(W)hether a circuit court may deny a parent in a termination of parental rights proceeding the statutory right to counsel when the parent has appeared in the proceeding but failed to personally attend a hearing in contravention of a court order and is found in default as a sanction for disobeying the court order.” (¶2)

Holding:

¶41 We do not accept the State’s position for three reasons.

State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55

Issue/Holding: ¶13 n. 3:

The circuit court did not order a default under Wis. Stat. § 806.02(5). Shirley E. had “appeared” at the hearing by her attorney. Evelyn C.R. v. Tykila S., 2001 WI 110, ¶17, 246 Wis.  2d 1, 629 N.W.2d 768.The circuit court found Shirley E.