Involuntary Commitment – Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: Portage County v. C.K.S.,

Case No.: 2021AP1291-FT

Officials: NASHOLD, J.

Focus: Involuntary Commitment – Sufficiency of Evidence

C.K.S. appeals from an order extending his WIS. STAT. ch. 51 commitment. C.K.S. argues that there was insufficient evidence of current dangerousness to justify recommitment. He further argues that reversal is warranted because the circuit court failed to specify the statutory basis for recommitment, as required by Langlade County v. D.J.W., 2020 WI 41, ¶40, 391 Wis. 2d 231, 942 N.W.2d 277. I conclude that Portage County failed to establish, by clear and convincing evidence, that C.K.S. is dangerous under any statutory standard. See WIS. STAT. § 51.20(1)(a)2., (13)(e). Accordingly, I reverse on that basis, without addressing whether the circuit court complied with D.J.W. or what the proper remedy would be if the court did not do so. See Turner v. Taylor, 2003 WI App 256, ¶1 n.1, 268 Wis. 2d 628, 673 N.W.2d 716 (court need not address all issues raised by the parties if one issue is dispositive)

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Derek A Hawkins is Corporate Counsel, at Salesforce.