Involuntary Commitment-Waiver of Rights

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WI Court of Supreme Court

Case Name: Sheboygan County v. N. A. L.

Case No.: 2024AP001195

Officials:

Focus: Involuntary Commitment-Waiver of Rights

First paragraph(s)

Nathan, the subject of a commitment proceeding, argued that his 14th Amendment rights were violated because the court failed to ensure his stipulation was knowing, intelligent, and voluntary through a personal colloquy.

The Court of Appeals rejected that argument, emphasizing that due process does not mandate a colloquy whenever fundamental rights are waived. While civil commitment involves a significant deprivation of liberty, the court explained that Wisconsin’s statutory framework already provides extensive procedural safeguards, including counsel, evidentiary standards, hearings, and limited commitment durations. The court distinguished criminal guilty pleas and termination-of-parental-rights cases, where colloquies are required by statute rather than by constitutional due process.

Importantly, the court noted Nathan did not directly argue that his stipulation was actually involuntary or unknowing. Instead, he claimed the absence of a colloquy itself was a constitutional error. The court rejected that “structural error” theory and affirmed the commitment and medication orders.

Several concurring opinions expressed concern about the practice of “stipulating” to involuntary commitment at all, questioning whether Wisconsin statutes authorize such procedures and whether Nathan understood the consequences of his agreement.

Decided 05/19/26

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