Commitment Order- Involuntary Administration of Medication

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WI Court of Appeals – District III

Case Name: Marinette County v. A. M. N.

Case No.: 2022AP001395

Officials: GILL, J.

Focus: Commitment Order- Involuntary Administration of Medication

Alex appeals a WIS. STAT. ch. 51 commitment order and an associated order allowing for the involuntary administration of medication. Alex argues that the circuit court erroneously exercised its discretion by admitting and relying on hearsay evidence regarding the dangerousness element, and that

such error is not harmless. Additionally, Alex contends that there was insufficient evidence to support the involuntary medication order because Alex did not receive the required reasonable explanation of the advantages, disadvantages, and alternatives to the proposed medications, as required by WIS. STAT. 51.61(1)(g)4.

The appeals court assumes without deciding that the circuit court erroneously exercised its discretion when it admitted hearsay evidence and subsequently relied, in part, on the hearsay evidence in its findings. Regardless, the appeals court concludes that such error was harmless because the court also relied on properly admitted evidence in its findings and that evidence was sufficient to meet the dangerous standard. Therefore, the appeals court affirms the commitment order. However, the appeals court concludes that the County failed to show that Alex was provided with the explanation required by WIS. STAT. § 51.61(1)(g)4. In doing so, the appeals court assumes without deciding that Alex’s challenge to the involuntary medication order is moot, but the appeals court conclude that Alex’s appeal presents an “exceptional or compelling circumstance[]” warranting review. Therefore, the appeals court reverses the involuntary medication order.

Affirmed and reversed.

Decided 08/29/23

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