Fond du Lac v. S.N.W., 2019AP2073, 6/17/20, District 2 (1-judge opinion, ineligible for publication); case activity We detect the unmistakable odor of SCOW bait. One of two court appointed medical experts failed to submit his examiner’s report within 48 hours before the final hearing for an original commitment of a prisoner. S.N.W. argued that this… Read more
A. Ch. 51, Mental health
Portage County v. E.R.R., 2019AP2033, 5/21/20, District 4 (one-judge decision; ineligible for publication); case activity E.R.R.’s original commitment term expired during the pendency of his appeal, but the commitment was extended. He concedes this makes the appeal moot but argues the court should nevertheless decide his issues because they are of great public importance and… Read more
Winnebago County v. L. F.-G., 2019AP2010, 5/20/20, District 2 (one-judge decision; ineligible for publication); case activity This is an appeal of the extension of the commitment of someone the court calls “Emily.” Following our supreme court’s decision in Portage County v. J.W.K., 2019 WI 54, ¶19, 386 Wis. 2d 672, 927 N.W.2d 509, the court… Read more
Langlade County v. D.J.W., 2020 WI 41, reversing an unpublished court of appeals opinion, 4/24/20; case activity Wisconsin’s involuntary commitment rate is higher than that of any other state–by a long shot. According to a report for the Substance Abuse and Mental Health Services, the annual commitment rate among states ranges from 0.23 to 43.8… Read more
Marathon County v. R.J.O., 2020 WI App 20; case activity This is an important, published, and demonstrably incorrect court of appeals’ decision regarding Chapter 51 recommitment procedure. The county petitioned to recommit R.J.O. but the Marathon County Sheriff’s Department did not bother trying to serve her. Its certificate of service states: “There were no attempts… Read more
Winnebago County v. C.S., 2020 WI 33, reversing a published court of appeals opinion; 4/10/20; case activity This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The… Read more
Jefferson County v. M.P., 2019AP2229, 3/5/20, District 4 (One-judge decision; ineligible for publication); case activity M.P. has schizophrenia. In 2018, she was committed for six months after she made statements about shooting some relatives and burning down a house. In 2019, the county sought and received an extension of the commitment. M.P. argues that recommitment… Read more
Marathon County v. D.K., 2020 WI 8, 2/4/2020, affirming an unpublished court of appeals decision; 2017AP2217; (case activity) The caption is the most confusing part of this opinion: ZIEGLER, J., delivered the majority opinion of the Court with respect to Parts I., II., III., IV.A., IV.B., and IV.C.1, in which ROGGENSACK, C.J., REBECCA GRASSL BRADLEY… Read more
