2009AP804 Jefferson County v. Joseph S.

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Family
Guardianship; due process

In a protective placement trial, it violated the respondent’s rights to remove him from court for disruptive behavior without warning him first that he could be removed.

“Here, the court asked Joseph to ‘[t]ry to calm down,’ then ordered Joseph’s removal from the courtroom when Joseph said, ‘This is bull shit. This is bull shit, man.’ The court did not advise Joseph before ordering his removal that he could be removed from the courtroom for acting in a disruptive manner. We conclude therefore that Joseph did not forfeit his right to be present at the hearing, and thus the court lost competency to proceed on the petitions against him.”

Vacated and Remanded.

Recommended for publication in the official reports.

2009AP804 Jefferson County v. Joseph S.

Dist. IV, Jefferson County, Hue, J., Higginbotham, J.

Attorneys: For Appellant: Askins, Martha K., Madison; For Respondent: Scheibel, E. S., Jefferson

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