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Involuntary Civil Commitment – Expert Report

By: Derek Hawkins//July 20, 2015//

Involuntary Civil Commitment – Expert Report

By: Derek Hawkins//July 20, 2015//

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Civil

WI Court of Appeals – District II

Officials: NEUBAUER, P.J

Involuntary Civil Commitment – Expert Report

14-AP-2845 Walworth County DH&HS v. M.M.L

M. M. L. appeals from an order for involuntary commitment and from an order for involuntary medication. M. M. L. argues that there was insufficient evidence to find her dangerous under the third standard, WIS. STAT. § 51.20(1)(a)2.c. M. M. L. argues that the circuit court erred in allowing a court-appointed examiner to testify about hearsay statements made by M. M. L.’s family members and contained in her treatment and detention records. The circuit court did not err. These statements were taken from records that were part of the basis for the court-appointed examiner’s report and opinion and of the type usually relied on by experts in his field. The examiner’s reliance on these statements was permissible under WIS. STAT. § 907.03. While M. M. L. argues that the circuit court could not find dangerousness without independent evidence of recent acts and omissions manifesting impaired judgment, we conclude that the court could rely on the expert’s conclusion regarding this ultimate issue. See WIS. STAT. § 907.04. The County presented sufficient evidence to establish dangerousness. We affirm.

Decision

Affirmed.

Full Text


Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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