Involuntary Administration of Medication-Mootness Exception

WI Court of Appeals – District III

Case Name: State of Wisconsin v. S. J. S.

Case No.: 2025AP000754-CR

Officials: Stark, P.J.

Focus: Involuntary Administration of Medication-Mootness Exception

The circuit court had granted the State’s request for forced medication of S.J.S. for two criminal cases, under Sell v. United States, finding that all required factors were satisfied.

Although the State argued the appeals were moot because the medication orders had expired and the criminal cases had been dismissed, the Court of Appeals found that exceptions to mootness applied because involuntary medication orders raise important constitutional issues, frequently arise, and often evade appellate review due to their limited duration.

The court focused on the first Sell factor: Whether the State had an important governmental interest in proceeding to trial. S.J.S. faced charges including possession of methamphetamine, disorderly conduct, obstructing an officer, bail jumping, and possession of drug paraphernalia. The court held that these offenses were not sufficiently serious to justify overriding S.J.S.’s significant liberty interest in avoiding forced medication. The charges were nonviolent, involved limited potential penalties, and did not involve harm to persons or property.

The court also found special circumstances that reduced the State’s interest, including S.J.S.’s lengthy pretrial confinement, documented mental illness, and the connection between his delusions and the charged conduct. Because the State failed to satisfy the first Sell factor, the court concluded that involuntary medication was improper.

Reversed.

Decided 07/28/26

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