Involuntary Commitment Sufficiency of Evidence.

• Author: Hawkins, Derek
• Position: C.K.S. v. Portage County, Wisconsin

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Portage County v. C.K.S.,

Case No.: 2021AP1291-FT

Officials: NASHOLD, J.

Focus: Involuntary Commitment Sufficiency of Evidence

C.K.S. appeals from an order extending his WIS. STAT. ch. 51 commitment. C.K.S. argues that there was insufficient evidence of current dangerousness to justify recommitment. He further argues that reversal is warranted because the circuit court failed to specify the statutory basis for recommitment, as required by Langlade County v. D.J.W., 2020 WI 41, 40, 391 Wis. 2d 231, 942 N.W.2d 277. I conclude that Portage County failed to establish, by clear and convincing evidence, that C.K.S. is dangerous under any statutory standard. See WIS. STAT. 51.20(1)(a)2., (13)(e). Accordingly, I reverse on that basis, without addressing whether the circuit court complied with D.J.W. or what the proper remedy would be if the court did not do so. See Turner v. Taylor...