Plea Colloquy

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WI Court of Appeals – District IV

Case Name: Dane County v. N.W.

Case No.: 2019AP48

Officials: FITZPATRICK, J.

Focus: Plea Colloquy

N.W. appeals an order of the Dane County Circuit Court extending his involuntary commitment for mental health treatment under WIS. STAT. § 51.20, and an order denying his postdisposition motion to vacate that extension. N.W. entered into a written stipulation to the extension of his involuntary commitment. N.W. now contends on appeal that, before the circuit court accepted N.W.’s stipulation, the court was required to conduct a personal colloquy with him to ensure that he knowingly, intelligently, and voluntarily agreed to the extension. N.W. asserts that, because the court did not conduct such a colloquy, the court’s acceptance of the stipulation and the entry of the order extending his commitment violated his constitutional right to due process. I conclude the circuit court was not required to conduct a personal colloquy with N.W. before accepting his stipulation and affirm the orders of the circuit court.

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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.