Juveniles – delinquency — due process

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Wisconsin Court of Appeals

Civil

Juveniles – delinquency — due process

Kaleb K. appeals an order of the circuit court adjudicating him to be a delinquent based on a finding he was guilty of disorderly conduct, in violation of Wis. Stat. § 947.01(1) and unlawfully using a computerized communication system, in violation of Wis. Stat. § 947.0125(2)(d). Kaleb K. argues that the order should be vacated because: (1) Kaleb’s conduct was protected by First Amendment freedom of speech protections and thus could not constitute disorderly conduct; (2) he did not send a message to another person within the meaning of § 947.0125(2)(d); and (3) he was denied his due process right to a neutral and impartial magistrate. For the reasons discussed below, I affirm in part and reverse in part. This opinion will not be published.

2013AP839 In the interest of Kaleb K.

Dist IV, Portage County, Flugaur, J., Sherman, J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Weber, Gregory M., Madison; Isherwood, Veronica Fay, Stevens Point