By: Derek Hawkins//April 24, 2019//
WI Supreme Court
Case Name: State of Wisconsin v. Michael A. Keister
Case No.: 2019 WI 26
Focus: Due Process Violation
The court of appeals dismissed this appeal as moot. We reverse that order and address the Iowa County Circuit Court’s decision declaring Wis. Stat. §§ 165.95(1)(a) and (3)(c) (2015-16)1 unconstitutional as applied to Michael Keister. We granted the State’s petition for review asking us to consider: (1) whether an individual has a fundamental liberty interest in continued participation in a treatment court funded by § 165.95; and (2) whether § 165.95 must define expulsion procedures for treatment courts in order to survive a procedural due process challenge. Keister, however, now concedes both issues and agrees with the State that the circuit court erred in declaring the statute unconstitutional. We vacate the order of the circuit court.
Reversed and vacated
Concur:
Dissent: