Court of Appeals overrules man’s mental confinement

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The Wisconsin Court of Appeals Third District has reversed an Outagamie County Circuit Court decision, saying it erred when it ordered a defendant to be involuntary committed and receive involuntary medication and treatment.

According to court records, the defendant argued an Outagamie County Circuit judge should not have proceeded with a final hearing for his involuntary commitment because one of the two examiners’ reports was not filed and made available to his attorney 48 hours in advance of his hearing as required by state law.

The defendant was detained on Aug. 23, 2023, after an incident where he destroyed property at his mother’s home and caused her to fear for her safety. A hearing was held Aug. 28 to determine whether there was probable cause to have the defendant involuntarily committed under Wisconsin Statute 15.20. The circuit court found probable cause to believe the defendant was mentally ill, a proper subject for treatment and dangerous to himself and others. It ordered the defendant to be evaluated by two experts and scheduled a final hearing for Sept. 6.

The defendant was examined by psychologist Dr. Denise Valenti-Hein and psychiatrist Dr. J. R. Musunuru. Valenti-Hein filed her examination report on Sept. 1. Musunuru, however, did not file his report until Sept. 5, 2023 — one day before the final hearing.

At the final hearing, the defendant objected to the circuit court’s decision to proceed, arguing that the county failed to file Dr. Musunuru’s report at least 48 hours before the hearing as required by law. The county conceded the report was not timely filed.

However, it argued the court should disregard the late filing of the report because the failure did not affect the parties’ substantial rights since the county received the report at the same time and because it did not plan to call Musunuru as a witness at the final hearing. The court sided with the county, proceeding with the hearing.

The court called the defendant’s mother, who testified about the facts underlying the emergency detention; Dr. Valenti-Hein; and a clinical therapist and coordinator of the county’s mental health court, as witnesses during the hearing. The circuit court ruled the defendant was mentally ill, a proper subject for treatment, dangerous under state statute and not competent to refuse medication for his illness. The court then entered orders for his involuntary commitment and allowing for the involuntary administration of medication and treatment. The defendant appealed.

In its decision, the Court of Appeals said the mandated time limit in the state statute is central and the failure to comply with that statute’s mandate prior to the time of the final hearing on a mental health commitment substantially affects the rights of an individual subject to commitment and it deprives the circuit court of competency. Since one of the two required examiners’ reports was not timely filed, the Court of Appeals reversed the circuit court’s commitment and medication and treatment orders.

The Court of Appeals wrote the defendant’s “substantial rights” were affected the late filing of the report in violation of Statute 51.20(10)(b).

“The failure to timely file both experts’ reports essentially deprives a subject of the statutory right to two examiners, prevents a subject from effectively preparing for his or her final hearing, interferes with the subject’s right to effective assistance of counsel, may deprive the subject of essential evidence, and incentivizes the late filing of reports, particularly those that may otherwise be helpful to the subject,” the Court wrote.

Further, the circuit court lost “competency” in this case to proceed with the defendant’s final hearing because the second report was not timely filed. The Court of Appeals reversed the orders for the defendant’s involuntary commitment and involuntary medication and treatment.