Waukesha County v. G.M.M.

CourtCourt of Appeals of Wisconsin
DecidedJanuary 18, 2023
Docket2022AP001207
StatusUnpublished

This text of Waukesha County v. G.M.M. (Waukesha County v. G.M.M.) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waukesha County v. G.M.M., (Wis. Ct. App. 2023).

Opinion

COURT OF APPEALS DECISION NOTICE DATED AND FILED This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. January 18, 2023 A party may file with the Supreme Court a Sheila T. Reiff petition to review an adverse decision by the Clerk of Court of Appeals Court of Appeals. See WIS. STAT. § 808.10 and RULE 809.62.

Appeal No. 2022AP1207 Cir. Ct. No. 2021ME204

STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT II

IN THE MATTER OF THE MENTAL COMMITMENT OF G.M.M.:

WAUKESHA COUNTY,

PETITIONER-RESPONDENT,

V.

G.M.M.,

RESPONDENT-APPELLANT.

APPEAL from orders of the circuit court for Waukesha County: MARIA S. LAZAR, Judge. Affirmed. No. 2022AP1207

¶1 NEUBAUER, J.1 G.M.M. appeals from orders extending her commitment under WIS. STAT. ch. 51 for twelve months and permitting involuntary administration of medication and treatment during that time. G.M.M. argues the orders should be reversed for three reasons: (1) Waukesha County failed to prove that she is mentally ill; (2) the County failed to prove that she is dangerous; and (3) the circuit court failed to make the findings required under Langlade County v. D.J.W., 2020 WI 41, ¶59, 391 Wis. 2d 231, 942 N.W.2d 277. This court concludes that G.M.M.’s arguments are unavailing and affirms the orders.

BACKGROUND

¶2 A brief discussion of the legal framework governing involuntary commitment in Wisconsin will focus and contextualize our discussion of the facts. Wisconsin law permits a person to be committed involuntarily if the petitioner proves by clear and convincing evidence that the person is: “(1) mentally ill; (2) a proper subject for treatment; and (3) dangerous to themselves or others.” D.J.W., 391 Wis. 2d 231, ¶29. The petitioner must prove the same three elements by clear and convincing evidence each time it seeks to extend a commitment. Id., ¶31.

¶3 WISCONSIN STAT. ch. 51 sets forth what a petitioner must show to satisfy these elements. For the purpose of involuntary commitment, a person is deemed to have a “[m]ental illness” if he or she has “a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary

1 This appeal is decided by one judge pursuant to WIS. STAT. § 752.31(2)(d) (2019-20). All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted.

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demands of life.” WIS. STAT. § 51.01(13)(b).2 WISCONSIN STAT. ch. 51 also provides five standards for proving dangerousness. WIS. STAT. § 51.20(1)(a) 2.a.-e. At issue in this case is the third standard, which requires proof that an individual:

Evidences such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself or other individuals. The probability of physical impairment or injury is not substantial under this subd. 2.c. if reasonable provision for the subject individual’s protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services[.]

Sec. 51.20(1)(a)2.c.

¶4 An individual who is receiving treatment at the time an extension is sought may not have exhibited any recent acts or omissions demonstrating dangerousness because the treatment ameliorated such behavior. Thus, in the context of a recommitment,3 the petitioner may instead show that there is a substantial likelihood of dangerousness should treatment lapse. Portage County v. J.W.K., 2019 WI 54, ¶19, 386 Wis. 2d 672, 927 N.W.2d 509. Accordingly, dangerousness in extension proceedings “may be satisfied by a showing that there is a substantial likelihood, based on the subject individual’s treatment record, that the individual would be a proper subject for commitment if treatment were withdrawn.” WIS. STAT. § 51.20(1)(am).

2 Alcoholism is specifically exempted from the definition of “[m]ental illness” in WIS. STAT. § 51.01(13)(b), but no party contends that condition is at issue in this case. 3 “[R]ecommitment” is synonymous with “extension of a commitment,” and the terms will therefore be used interchangeably. See Sheboygan County v. M.W., 2022 WI 40, ¶6 n.3, 402 Wis. 2d 1, 974 N.W.2d 733.

3 No. 2022AP1207

¶5 If the County relies on WIS. STAT. § 51.20(1)(am) to prove dangerousness, a link to one of the five dangerousness standards in § 51.20(1)(a)2. is required. See D.J.W., 391 Wis. 2d 231, ¶¶32-34. Moreover, “[i]t is not enough that the individual was at one point a proper subject for commitment.” J.W.K., 386 Wis. 2d 672, ¶24. “Each extension hearing requires proof of current dangerousness.” Id. With these legal standards in mind, this court turns to the facts.

¶6 In early May 2021, law enforcement responded five times to the home G.M.M. shares with one of her sisters in response to reports that G.M.M. had expressed delusional and paranoid thoughts, yelled and caused repeated disturbances, and eventually became physically aggressive towards her sister. A responding officer spoke with G.M.M.’s sisters and learned that she had been dealing with untreated mental illness for more than a decade. Her sisters believed that she is schizophrenic because her symptoms were similar to those of one of her sisters who had been diagnosed with that condition. They described G.M.M. as “no longer ha[ving] a connection with reality” and “a completely different person.”

¶7 G.M.M. was emergently detained in May 2021 and a probable cause hearing was held at which a court commissioner found sufficient grounds to continue her detention until a final hearing. A subsequent filing in the case detailed the incidents and behavior that led to her detention:

[G.M.M.] was placed under a Chapter 51 Emergency Detention on 05/2/21 after becoming violent with her sister, with whom she lives. It was reported that the day prior, May 1, 2021, officers responded to her residence 5 times due to her yelling and causing a disturbance. She believed that the birds outside of her window were there to kill her and were talking about her. She also made reference that her sister was not actually her sister, but someone wearing

4 No. 2022AP1207

a mask to look like her sister that works for the Iranian government, and who tortured and killed her real family. Family indicated that for the past 2 days [G.M.M.] became increasingly more loud, fearful of others, and making irrational statements. On 5/2/21, she became aggressive with her sister [T.V.G.], as she believed [T.V.G.] was on the phone talking about her. [G.M.M.] threw a remote at the wall, slammed doors, and pulled the phone out of [T.V.G.]’s hand while she was talking to their brother, causing the phone receiver to hit her in the right cheek. Police described [G.M.M.] as irrational and making incoherent statements. She indicated that radio waves were coming to her through the TV, was paranoid about the officers jurisdiction, stating she only wants to talk with the FBI, and making reference several times that the officers were not real and discussing a 50 year conspiracy of people wearing masks and pretending to be people they were not. It was reported that she had not left her home in 2 years due to her fear of germs, and believing that she had a chronic illness, which is untrue. She believed that she had infections resulting in her having cysts all over her body and brain and that she bleeds internally, and that if she went outside she would die. The family reported that they would observe her screaming out the window at people who were not there, talking to herself, and that she has ideas of reference that people outside are talking about her.

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Related

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2013 WI 67 (Wisconsin Supreme Court, 2013)
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2019 WI 54 (Wisconsin Supreme Court, 2019)
Langlade County v. D. J. W.
2020 WI 41 (Wisconsin Supreme Court, 2020)
Sheboygan County v. M.W.
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Sauk County v. S. A. M.
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Winnebago County v. S.H.
2020 WI App 46 (Court of Appeals of Wisconsin, 2020)

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Waukesha County v. G.M.M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/waukesha-county-v-gmm-wisctapp-2023.