2024 WI 21
Wis.2024Background
- D.E.W. challenged an order from the Winnebago County Circuit Court that authorized his involuntary medication during a mental health commitment.
- The court of appeals affirmed the circuit court's order.
- The Wisconsin Supreme Court granted review but, after briefing and oral argument, dismissed the review as improvidently granted, meaning it decided not to hear the case on its merits.
- There were questions about sufficiency of evidence concerning whether D.E.W. was adequately informed about the medications' pros and cons.
- The majority declined to provide an explanation for the dismissal, following its custom, while dissenting justices argued that such dismissals should be explained for clarity and transparency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the County met its burden to prove D.E.W. received adequate explanation of medication details | County did not clearly and convincingly prove it | County contended it met legal requirements | Review dismissed as improvidently granted |
| Whether physician's reports must be admitted into evidence in recommitment/involuntary medication cases | Not addressed, but dissent notes future clarification needed | Not addressed in depth | Review dismissed, issue unresolved |
| Whether the Supreme Court should explain dismissals as improvidently granted | Should provide reasons for dismissals | Should remain silent to avoid confusion/disunity | Majority declined to explain |
| Interaction between Melanie L. and Christopher S. cases in similar fact patterns | Resolving would clarify standards for lower courts | No express rebuttal; majority dismissed the review | Review dismissed without clarification |
Key Cases Cited
- Outagamie County v. Melanie L., 349 Wis. 2d 148 (Wis. 2013) (addressed standards for involuntary medication and commitment)
- Winnebago County v. Christopher S., 366 Wis. 2d 1 (Wis. 2016) (provided guidance for involuntary medication orders)
- Waukesha County v. S.L.L., 387 Wis. 2d 333 (Wis. 2019) (held examiner's report must be received into evidence at recommitment hearing)
- Langlade County v. D.J.W., 391 Wis. 2d 231 (Wis. 2020) (explained evidentiary requirements in recommitment hearings)