99-3354 State of Wisconsin ex rel. Ruven George Seibert v. Macht, Dir. Wisconsin Resource Center

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“Although a sexually violent person, committed under Chapter 980, is not a criminal defendant, he or she has the same constitutional rights as a criminal defendant. See Wis. Stat. § 980.05. It therefore follows that an individual committed under Chapter 980 has a constitutional right of counsel in bringing his or her first appeal as of right, emanating from both the Fourteenth Amendment’s Equal Protection Clause and Due Process Clause as well as the Sixth Amendment’s right of counsel. This right of counsel encompasses the right to effective assistance of counsel.
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“In conclusion, we recognize Seibert’s constitutional right of counsel on his first appeal as a matter of right. We find that his attorney’s failure to timely file Seibert’s notice of appeal ran afoul of Strickland under these extraordinary circumstances. Moreover, we find that the court of appeals disregarded his constitutional right of counsel in the context of his habeas proceeding by independently reviewing the record for reversible error. Accordingly, we adopt the prophylactic framework of Anders for Chapter 980 appeals in order to preserve Seibert’s constitutional right of counsel on appeal.”

Reversed and remanded.

Court of Appeals; Wilcox, J.

Attorneys:

For Appellant: Gregory P. Seibold, Madison

For Respondent: Stephen W. Kleinmaier, James E. Doyle, Madison