On Point

Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity

In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of the mootness doctrine in COA with respect to 51 appeals.

Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available)

In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report need not be entered into evidence in order for the circuit court to consider the information contained therein. Now, the court extends L.X.D.-O. to an initial commitment order itself under the same rationale. Opinion, ¶20 n.6.

Walworth County v. M.R.M., 2023 WI 59, 6/29/23, on certification from the court of appeals; case activity (briefs not available)

In a case with potentially far-reaching implications for Chapter 51 appeals, the Wisconsin Supreme Court issues a narrow holding that leaves a major D.J.W. issue for another day.

Winnebago County v. D.J.S., 2022AP1281, District 2 (one-judge decision ineligible for publication), case activity

Accompanied by a familiar sounding caveat that “it certainly would have been better if the County had presented more evidence and the circuit court had been more detailed and specific in its oral determination,” the court of appeals rejects D.J.S.’s sufficiency of the evidence challenge to the extension of his Chapter 51 involuntary civil commitment. (Opinion, ¶8).

Waukesha County v. G.M.M., 2022AP1207, 1/18/23, District 2, (1-judge opinion, ineligible for publication); case activity

This appeal involves a recommitment under the 3rd standard of dangerousness. G.M.M. argued that the county presented insufficient evidence of both mental illness and dangerousness. She also argued that the circuit court failed to make the findings required under Langlade County v. D.J.W., 2020 WI 41, ¶59, 391 Wis. 2d 231, 942 N.W.2d 277.  The court of appeals rejected all 3 claims.

Kenosha County v. L.A.T., 2022AP603, 1/11/22, District 2; (1-judge opinion, ineligible for publication); case activity

This appeal involves an important, recurring issue. Must the circuit court conduct a colloquy to determine whether the subject of a ch. 51 commitment proceeding knowingly and voluntarily stipulates to a commitment and medication? The court of appeals holds that there is no colloquy requirement, and there shouldn’t be one. The subject of ch. 51 commitment is presumed competent. If she says she’s stipulating to a commitment and medication, then the circuit court can (1) presume she’s making a knowing, intelligent and voluntary decision, and (2) find her dangerous without specifying a standard of dangerousness.

Winnebago County v. C.L.S., 2022AP1155-FT, 12/14/22, District 2, (1-judge opinion, ineligible for publication); case activity

C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county’s evidence of dangerousness was insufficient, and the circuit court failed to make the findings required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277.  The court of appeals rejected both arguments. But if its description of the examiner’s testimony is accurate, C.L.S. should have, at the very least, won on insufficient evidence.

Portage County v. A.R.F., 2022AP1262, 11/17/22, District 4 (one-judge decision; ineligible for publication); case activity

A.R.F. challenges the extension of her commitment under ch. 51. She argues the circuit court failed to adequately identify and support one of the statutory dangerousness standards, as is required by Langlade Cnty. v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277. The court of appeals disagrees.

Marathon County v. T.J.M., 2022AP623, 11/8/22, District 3 (1-judge opinion, ineligible for publication); case activity

“Trevor” appealed an order recommitting him for 12 months because (1) the circuit court orally failed to indicate a standard of dangeorusness per Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, and (2) the county’s evidence was insufficient under either the 1st or 3rd standards. He prevailed on the latter argument. The opinion is helpful to lawyers defending clients against recommitment under these standards.

Trempealeau County v. C.J., 2022AP286, 10/11/22, District 3 (one judge decision; ineligible for publication) case activity

C.J. (“Carter” in the opinion) is diagnosed with paranoid schizophrenia. He was initially committed after an incident in which he drove recklessly with his girlfriend in the car, threatening to kill her and himself along with the president and vice president. As the six-month commitment neared its end, the county petitioned to extend.  It did so even though C.J. had not had further incidents or problems in his group home, was taking his medications voluntarily; recognized his mental illness, and expressed that he wished to continue medication because it was helping him a great deal. (¶¶3-8).