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3. Civil Commitments

Milwaukee County v. A.J.G., 2021AP1338, 5/3/22, District 1, (1-judge opinion, ineligible for publication); case activity When a circuit court orders a ch. 51 recommitment, it must specify which standard of dangerousness the patient will satisfy if treatment is withdrawn. Langlade County. v. D.J.W., 2020 WI 41, ¶40, 391 Wis. 2d 231, 941 N.W.2d 277. This… Read more

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Rock County v. J.B., 2021AP1157 & 2021AP1883, 4/14/22, District 4 (one-judge decision; ineligible for publication); case history This is a consolidated appeal of J.B.’s original, six-month commitment and a subsequent nine-month extension of that commitment. J.B. was detained after his father reported that he’d not had anything to eat or drink for four days. He… Read more

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Walworth County v. P.S., 2021AP2090-FT, 4/13/22, District 2, (1-judge opinion, ineligible for publication); case activity The circuit court entered an initial commitment order against P.C. without specifying a standard of dangerousness. The court of appeals shrugged. It did not matter because the circuit court’s findings “were specific, tracked the statutory criteria, and are supported by… Read more

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Outagamie County v. C.J.A., 2020AP2032, 4/12/2022, District 3 (recommended for publication); case activity In a decision recommended for publication, the court of appeals held that Outagamie County did not violate “Catherine’s” right to due process by filing a petition that failed to provide particularized notice of the standard of dangerousness warranting her recommitment. Even so… Read more

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Waupaca County v. H.I.B., 2021AP2026, 4/7/22, District 4 (1-judge opinion ineligible for publication); case activity It is uncontested that “Hazel” has done well for three commitments in a row. Yet the court of appeals has affirmed her 4th Chapter 51 recommitment  because the jury could have inferred a “substantial probability” of death or serious injury… Read more

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State v. Christopher W. Yakich, 2022 WI 8, 2/16/22, affirming an unpublished court of appeals decision; case activity (including briefs) When a defendant is found not guilty by reason of mental disease or defect (NGI) for more than one offense, the commitments for the offenses may be ordered to run consecutively. As we explained in… Read more

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Taylor County Human Services v. L.E., 2021AP1292, 2/15/22, District 3, (1-judge opinion, ineligible for publication); case activity A circuit court extended “Luca’s” commitment, directed that he be placed in a locked ward, and ordered involuntary medication. On appeal, Luca challenges his placement in a locked ward and the involuntary medication order. At a minimum, the… Read more

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Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to… Read more

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