A. Ch. 51, Mental health

Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; case activity (including briefs) SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals. As we discussed in our post on this case, litigators handling Chapter 51… Read more

Sawyer County v. P.D.F., 2022AP2007, 11/7/23, District III (one-judge decision; ineligible for publication); case activity Although P.D.F. successfully persuades COA that the circuit court erroneously concluded  he did not understand the advantages, disadvantages and alternatives to medication, the record nonetheless shows that he was incapable of applying an understanding. At “Paul’s” hearing regarding the County’s… Read more

Walworth County v. E.W., 2023AP289, 11/1/23, District II (one-judge decision; ineligible for publication); case activity Defying the recent trend of hearsay victories in Chapter 51 appeals, COA rejects E.W.’s attempt to argue that the admission of hearsay evidence at his final hearing constituted “plain error.” At “Edward’s” recommitment hearing, the County’s sole witness was Dr… Read more

Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and… Read more

Winnebago County v. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s… Read more

Waupaca County v. J.D.C., 2023AP961, 9/14/23, District IV (one-judge decision; ineligible for publication); case activity In another big defense win, COA clarifies the two requirements imposed on circuit courts by Langlade County v. D.J.W. and provides a roadmap for future challenges. Let’s start with the law first. As COA accurately recites, in D.J.W., SCOW clarified that… Read more

Washington County H.S.D. v. Z.A.Y., 2023AP447, 9/13/23, District II (one-judge decision; ineligible for publication); case activity In a big defense win, COA reverses a commitment and accompanying medication order due to the circuit court’s failure to make specific findings. “Zachary” appeals orders extending his Ch. 51 involuntary commitment and for involuntary medication. (¶1). He argues… Read more