A. Ch. 51, Mental health

Langlade County v. D.J.W., 2020 WI 41, reversing an unpublished court of appeals opinion, 4/24/20; case activity Wisconsin’s involuntary commitment rate is higher than that of any other state–by a long shot.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Marathon County v. D.K., 2020 WI 8, 2/4/2020, affirming an unpublished court of appeals decision; 2017AP2217; (case activity) The caption is the most confusing part of this opinion: ZIEGLER, J., delivered the majority opinion of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

Milwaukee County v. E.C.H., 2019AP772, District 1, 1/14/20, (1-judge opinion; ineligible for publication); case activity This appeal asks: Is evidence of homelessness, by itself, sufficient to prove that a person is dangerous to himself or will become dangerous if treatment is withdrawn? And the answer is . . . we don’t know. Hiding behind the… Read more

Portage County v. L.E., 2019AP1841-FT, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity Welcome to another chapter in the Wisconsin saga “once committed, always committed.” L.E. has been under commitment for 25 years. At her most recent recommitment hearing, the County offered a doctor’s testimony that “if treatment were withdrawn she’d become a… Read more