Winnebago Cnty. v. J.M. (In Re Mental Commitment of J.M.)

2018 WI 37, 911 N.W.2d 41, 381 Wis. 2d 28
CourtWisconsin Supreme Court
DecidedApril 18, 2018
Docket2016AP000619
StatusPublished
Cited by15 cases

This text of 2018 WI 37 (Winnebago Cnty. v. J.M. (In Re Mental Commitment of J.M.)) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winnebago Cnty. v. J.M. (In Re Mental Commitment of J.M.), 2018 WI 37, 911 N.W.2d 41, 381 Wis. 2d 28 (Wis. 2018).

Opinions

SHIRLEY S. ABRAHAMSON, J.

*32¶ 1 This review involves a Chapter 51 commitment-extension proceeding. The unpublished decision of the court of appeals affirmed an order of the circuit court for Winnebago County, Karen L. Seifert, Judge, denying J.M.'s motion for post-disposition relief.1 J.M. seeks relief, claiming ineffective assistance of counsel.

¶ 2 Three questions are presented to this court:

*33¶ 3 First, does J.M. have a statutory right to effective assistance of counsel at a Chapter 51 commitment-extension proceeding, and if so, what standard should apply in evaluating a claim of ineffective assistance of counsel?

¶ 4 Second, did the failure of J.M.'s trial counsel to object to, prevent the admission of, or request a curative instruction regarding evidence presented to the jury of J.M.'s status as a prisoner (including J.M.'s wearing prison garb) constitute ineffective assistance of counsel?

¶ 5 Third, is J.M. entitled to a new Chapter 51 commitment-extension proceeding in the interest of justice because the jury was repeatedly exposed to evidence of J.M.'s status as a prisoner and the circuit court gave conflicting jury instructions?

¶ 6 We respond as follows to these questions:

¶ 7 First, J.M. had a statutory right to effective assistance of counsel in his Chapter 51 commitment-extension hearing. The legislature has provided that the subject of every civil commitment proceeding is entitled to be "represented by adversary *45counsel." Wis. Stat. § 51.20(3) (2015-16).2 When the legislature provides the right to be "represented by counsel," the legislature intends that right to include effective assistance of counsel. In re M.D.(S)., 168 Wis. 2d 995, 1004, 485 N.W.2d 52 (1992). The standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), is the correct standard for evaluating a claim of ineffective assistance of counsel in a commitment-extension hearing. *34¶ 8 Second, given the overwhelming evidence presented by Winnebago County at the commitment-extension proceeding, J.M. has not shown that a reasonable probability exists that the result of the proceeding would have been different had his trial counsel's performance not been allegedly deficient regarding J.M.'s appearance in prison garb.

¶ 9 Third, J.M. has not established that he is entitled to a new trial under Wis. Stat. § 751.06 on the ground that his wearing of prison garb during the trial so distracted the jury "that the real controversy [was] not [ ] fully tried," and justice was miscarried. Moreover, the circuit court's conflicting jury instructions likewise do not entitle J.M. to a new trial in the interest of justice.

¶ 10 Accordingly, we affirm the decision of the court of appeals.

I

¶ 11 The facts are undisputed for purposes of this review.3 On November 20, 2014, J.M. was involuntarily committed for a period of one year pursuant to Wis. Stat. § 51.20. In 2015, Winnebago County filed a petition to extend J.M.'s commitment. J.M. requested and received a jury trial on the petition.

*35¶ 12 Prior to trial, J.M.'s counsel asked the Wisconsin Resource Center (where J.M. was being held) to ensure that J.M. wore civilian clothes on the day of the trial on his petition. Despite his counsel's request and for reasons not in the record, J.M. appeared at his jury trial dressed in prison garb, shackled, and accompanied by two uniformed guards from the Department of Corrections. J.M.'s trial counsel did not seek a continuance when J.M. appeared in his prison garb but did persuade the circuit court to have J.M.'s shackles removed.4

¶ 13 During voir dire, J.M.'s trial counsel drew attention to J.M.'s prison garb:

The kind of apparel that [J.M.'s] wearing, he's an inmate of the Wisconsin Correctional system, but this isn't a criminal case, as the judge had advised you, this is one involving a mental commitment for him.
Does anyone feel because of the fact that he's an inmate with the correctional system that they wouldn't be able to give a fair opinion or evaluate things fairly?

¶ 14 J.M.'s trial counsel once again addressed J.M.'s prison garb during opening statements:

*46As I mentioned earlier, [J.M.] is an inmate of the Wisconsin correctional system. He was transferred to the Wisconsin Resource Center right next to the Winnebago Mental Health Institute and he's receiving treatment and care there. It's my understanding that he's likely or they developed plans to try to transfer him back into the regular community of prisoners in one of the facilities here in the state, that's the goal *36they try to reach and that's what he's in prison for or what he's involved in, that's really not our affair, but should commitment be imposed upon [J.M.]

¶ 15 After opening statements, the County called two expert witnesses to testify. Both had met with and evaluated J.M.

¶ 16 First, the County called Dr. Marshall Bales, a medical doctor board certified in general psychiatry. Dr. Bales based his testimony on the following: (1) an examination of J.M. that took place on November 11, 2015; (2) a review of J.M.'s treatment records; and (3) a discussion with correctional officers who had interacted with J.M.

¶ 17 Dr. Bales testified at trial that J.M.'s diagnoses were schizophrenia and antisocial personality disorder. Further, Dr. Bales testified that "[i]t was abundantly clear" after meeting J.M. for a brief time that J.M.

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Bluebook (online)
2018 WI 37, 911 N.W.2d 41, 381 Wis. 2d 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winnebago-cnty-v-jm-in-re-mental-commitment-of-jm-wis-2018.