Langlade County v. D. J. W.

Summary

The Wisconsin Supreme Court reversed the court of appeals' affirmance of the order extending D.J.W.'s involuntary commitment, holding that the evidence at the recommitment hearing was insufficient to prove dangerousness under Wis. Stat. §§ 51.20(1)(a)2.c. or 2.d. in conjunction with § 51.20(1)(am). The court announced that, going forward, circuit courts in recommitment proceedings must make specific factual findings referencing the subdivision paragraph of § 51.20(1)(a)2. on which the recommitment is based, in order to protect liberty interests and facilitate appellate review. It reached the merits despite mootness because the evidentiary requirements for commitment are of great public importance and often evade appellate review. Chief Justice Roggensack dissented, arguing the evidence satisfied the fifth dangerousness standard of § 51.20(1)(a)2.e., and Justice Rebecca Grassl Bradley dissented, contending the case should have been dismissed as moot after D.J.W.'s death.