Marathon County v. D.K., 2017AP2217, 8/7/18, District 3 (1-judge opinion, ineligible for publication); petition for review granted 7/10/19, affirmed, 2020 WI 18; case activity “Donald” is the pseudonym the court of appeals opinion assigned to D.K., who was committed under §51.20(a)2.b. Although Dr. Dave, the examining physician, waffled on the odds of whether Donald might do… Read more
A. Ch. 51, Mental health
Waukesha County v. M.J.S., 2017AP1843, 8/1/18, District 2, (1-judge opinion, ineligible for publication), case activity In May On Point reported a defense win in this case. One week later, Waukesha County moved for reconsideration. The court of appeals just granted the motion and issued this new opinion. The difference between the two is that the May… Read more
Rock County v. B.A.G., 2018AP782, 7/26/18, District 4, (1-judge opinion, eligible for publication); case activity B.A.G. challenged a court order to commit and medicate him under §51.20(1)(a)2e (the 5th standard). His main objection appears to be that being undressed outside in cold weather was insufficient evidence to commit him. The court of appeals does not articulate… Read more
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
Portage County v. J.W.K., 2017AP1574, petition for review of a memorandum opinion granted, 6/11/18; affirmed, 5/21/19; case activity Whether an appeal of the extension of a Chapter 51 commitment based on insufficient evidence becomes moot when the circuit court enters a new extension order? Whether an examining physician’s testimony is sufficient to support the extension of… Read more
Waukesha County v. M.J.S., 2017AP1843, 5/30/18, District 2, (1-judge opinion ineligible for publication); case activity Section 51.61(1)(g)4 and Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607 establish that a person subject to a possible involuntary medication order is entitled to receive a reasonable explanation of the proposed medication… Read more
Milwaukee County v. I.K., 2017AP1425, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity The County proved I.K. was dangerous under both § 51.20(1)(a)2.d., by showing there was a substantial probability I.K. would suffer physical harm resulting from his inability to satisfy basic needs due to mental illness, and § 51.20(1)(a)2.e., by showing that, after being advised… Read more
Langlade County v. D.J.W., 2018AP145-FT, 5/1/18, District 3 (1-judge opinion, eligible for publication), petition for review granted, 7/10/19, reversed, 2020 WI 41; 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… Read more
