00-3074 In Re: the Commitment of Steven Burgess

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This is so because Public Law 280 grants jurisdiction over tribal Native Americans in ch. 980 proceedings.

“Tribal sovereignty is dependent on and subordinate to only the federal government, not the states. [citation] Congress may, however, grant states the right to apply their laws to Native Americans on reservations.

“Congress has given several states, including Wisconsin, jurisdiction over criminal offenses and some civil causes involving Native Americans on reservations through Public Law 280, 18 U.S.C. sec. 1162, 28 U.S.C. sec. 1360….

“[W]e determine Wis. Stat. ch. 980 falls under Public Law 280’s grant of civil jurisdiction. Chapter 980 seeks, in part, to prevent sexual violence through treatment. Sexual violence obviously violates public policy; the State does not permit it under any circumstances. Further, we note the Bryan Court’s comment that Public Law 280 grants jurisdiction over insanity proceedings. [Citation]. While ch. 980 does not, strictly speaking, address insanity, it involves involuntary commitment based on mental disorders, much like insanity and other commitment proceedings. [Citation]. The trial court correctly determined it had jurisdiction over the commitment proceeding.”

In addition, the evidence was sufficient to support petitioner’s commitment.

“Our review of the record reveals sufficient evidence to allow the jury to infer Burgess would reoffend because of his mental disorder. Both of the State’s experts concluded in their testimony and reports that Burgess is likely to commit sexually violent acts because of his pedophilia and antisocial disorder.

“Expert witnesses may testify to ultimate issues to be decided by the trier of fact. Wis. Stat. sec. 907.04. These opinions were not based merely on the actuarial instruments, but also on interviews with Burgess, his prior diagnoses and treatment records, and conversations with other professionals involved with Burgess’s treatment history. Viewing the testimony in a light most favorable to upholding the commitment and allowing the jury to weigh the evidence and assess witness credibility, we determine a reasonable jury could have found Burgess sexually violent beyond a reasonable doubt.”

Judgment and orders affirmed.

Recommended for publication in the official reports.

Dist III, Vilas County, Mohr, J., Cane, C.J.

Attorneys:

For Appellant: Steven P. Weiss, Madison; Jefren E. Olsen, Madison

For Respondent: Diane M. Welsh, Madison