By: Derek Hawkins//October 14, 2021//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Peter D. Farnsworth
Case No.: 2020AP1367-CR
Officials: Stark, P.J., Hruz and Nashold, JJ.
Focus: Involuntary Commitment and Medication
Peter Farnsworth appeals an order committing him for treatment in order to restore him to competency to proceed in his criminal case, and subjecting him to involuntary medication. Farnsworth argues the circuit court erroneously ordered his involuntary medication under WIS. STAT. § 971.14(2)(f) (2019-20). The State concedes, and we agree, that the court erroneously exercised its discretion under § 971.14(2)(f) because the court had already found Farnsworth to be incompetent and he was no longer under an order for competency examination. Because we resolve Farnsworth’s appeal on statutory grounds, we adhere to the doctrine of constitutional avoidance and we decline to address Farnsworth’s other argument that § 971.14(2)(f) is facially unconstitutional. We reverse the court’s order for involuntary medication and remand for further proceedings consistent with this opinion.
Farnsworth also contends the circuit court erred by denying his motion to stay the involuntary medication order pending this appeal. The court’s decision to deny a stay, however, is moot. Because we stayed the involuntary medication order pending appeal and because we reverse the involuntary medication order in this decision, resolution of this issue will have no practical effect on the underlying controversy.