WI Court of Appeals – District III
Case Name: Outagamie County v. L. X. D.-O. [Recommended for Publication]
Case No.: 2020AP001806
Officials: Stark, P.J.
Focus: Mental Commitment
On June 9, 2020, Larry stipulated to an initial WIS. STAT. ch. 51 mental commitment order and was involuntarily committed. At that time, the circuit court also entered an order allowing for Larry to be involuntarily administered medication and treatment (the medication order). In this appeal, Larry challenges only the medication order. He argues that the examiners’ testimony at the final hearing was insufficient to meet Outagamie County’s burden to prove that he was not competent to refuse medication or treatment. He further argues that in issuing the medication order, the court improperly relied on an examiner’s report prepared pursuant to WIS. STAT. § 51.20(9)(a)5. that was not admitted into evidence. The appeals court agrees that the testimony and report, considered collectively, established by clear and convincing evidence that Larry was not competent to refuse medication or treatment, and the circuit court did not err by relying upon the doctor’s testimony and report