Court Error – Termination of Parental Rights

By: Derek Hawkins//March 27, 2019//

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WI Supreme Court

Case Name: State of Wisconsin v. C.L.K

Case No.: 2019 WI 14

Focus: Court Error – Termination of Parental Rights

The State of Wisconsin petitioned the Milwaukee County Circuit Court to terminate C.L.K.’s parental rights, following which the matter went to trial in due course. After the State rested, the circuit court immediately decided that Mr. K. was an unfit parent. That is, the circuit court decided the matter before giving Mr. K. an opportunity to present his case. The State concedes this was error, but says it is susceptible to a “harmless-error” review. It is not. We hold that denying a defendant the opportunity to present his case-in-chief is a structural error, the consequence of which is an automatic new trial.

Reversed and remanded

Concur:

Dissent: ROGGENSACK, C.J. dissents, joined by ZIEGLER, J. (opinion filed).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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