Statutory Interpretation – Competency Evaluations and Hearings

By: Derek Hawkins//August 23, 2021//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. M.D.M.,

Case No.: 2017AP138; 2017AP139

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Statutory Interpretation – Competency Evaluations and Hearings

The State appeals from orders of the circuit court denying the State’s “Motion[s] to Resume Suspended Cases” in Milwaukee County Circuit Court Case Nos. 14JV588 and 14JV588B (the 2014 cases) where the State had filed petitions charging M.D.M. with a total of four counts of delinquency. The legal question on appeal concerns competency procedures under WIS. STAT. § 938.30(5)(d) (2019-20). After competency evaluations and hearings occurred, the circuit court found M.D.M. not competent, but likely to become competent in each case. The court suspended the proceedings and ordered competency restoration services in both cases.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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