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a. Commitment

Milwaukee County v. T.L.R., 2018AP1131, 12/4/18, District 1 (1-judge opinion, ineligible for publication), case activity Here’s an issue of first impression for SCOW. Lessard v. Schmidt, 349 F. Supp. 1078, 1092 (E.D. Wis. 1972) established procedural and substantive due process rights for persons undergoing mental commitments. One of those rights is the right to particularized… Read More

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Marathon County v. P.X., 2017AP1497, 6/26/18, District 3, (1-judge opinion, ineligible for publication); case activity P.X. is autistic, non-verbal, intellectually and developmentally disabled and has obsessive compulsive disorder and pica. The question is whether he is capable of “rehabilitation,” which would make him a proper subject for treatment on Chapter 51. If not, then he… Read More

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Langlade County v. D.J.W., 2018AP145-FT, 5/1/18, District 3 (1-judge opinion, eligible for publication); 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. At D.J.W.’s recommitment hearing a doctor testified about his treatment records. They noted that, prior to his original commitment, D.J.W… Read More

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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the County failed to present sufficient evidence that he would be the proper subject for treatment if treatment were withdrawn.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… Read More

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Crawford County v. E.K., 2016AP2063, 5/18/17, District 4 (1-judge opinion, ineligible for publication); case activity This case presents multiple SCOW-worthy issues. One is an interesting constitutional dilemma. The County sought to extend E.K.’s commitment and involuntary medication order and, as evidence, offered threatening emails that E.K. had allegedly sent. Defense counsel objected because the emails had not… Read More

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Marathon County v. P.X., 2016AP1490, 4/18/17, District 3 (1-judge opinion, ineligible for publication); case activity P.X., who has longstanding diagnoses of autism, obsessive-compulsive disorder, and intellectual disabilities, was the subject of a Chapter 54 guardianship and a Chapter 55 protective placement, when the County sought to extend his Chapter 51 civil commitment. P.X. argues that… Read More

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Review of an unpublished court of appeals opinion; case activity Issue (composed by On Point) Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179 held that an individual is capable of rehabilitation, and thus a proper subject for treatment under Chapter 51, when treatment would control the… Read More

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Waukesha County v. J.W.J., 2016AP46-FT, 5/4/16 (1-judge opinion, ineligible for publication),petition for review granted 9/13/16, affirmed, 2017 WI 57; case activity To commit a person involuntarily, the county must show that the person is mentally ill and dangerous. To extend the commitment, the county may prove “dangerousness” by showing that “there is a substantial likelihood, based on… Read More

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