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Civil Commitment — equal protection — right to jury

By: WISCONSIN LAW JOURNAL STAFF//October 2, 2012//

Civil Commitment — equal protection — right to jury

By: WISCONSIN LAW JOURNAL STAFF//October 2, 2012//

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Wisconsin Court of Appeals

Civil

Civil Commitment — equal protection — right to jury

Mary F.-R. appeals the order committing her involuntarily under Wis. Stat. § 51.20 for six months in a locked Milwaukee County facility. The commitment order was entered on a jury verdict finding that: (1) she was “mentally ill,” (2) she was “a danger to herself and/or to others” when she was “detained”; and (3) she was a “proper subject for treatment.” She claims on appeal that: (1) there was insufficient proof that she “evidenced a ‘substantial probability of physical harm’ to herself or others and was therefore ‘dangerous’ under Wis. Stat. § 51.20(1)(a)(2)”; and (2) Wis. Stat. § 51.20(11) is an unconstitutional violation of equal protection because it provides for a jury of six in chapter 51 trials, while a person whose commitment is sought under Wis. Stat. ch. 980 is entitled to a jury of twelve. We affirm. This opinion will not be published.

2012AP958 In the matter of the mental commitment of Mary F.-R.

Dist I, Milwaukee County, Manian, J., Fine, J.

Attorneys: For Appellant: Schieber, Hannah Blair, Milwaukee; For Respondent: Foley, Colleen A., Milwaukee

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