District III
December 30, 2014
To:
Hon. William F. Kussel, Jr.
Circuit Court Judge
311 N Main St
Shawano, WI 54166
Darlene Hoffman
Register in Probate
Shawano County Courthouse
311 N. Main Street
Shawano, WI 54166
Tony A. Kordus
Shawano County Corporation Counsel
311 N. Main Street #201
Shawano, WI 54166
Donald T. Lang
Asst. State Public Defender
P. O. Box 7862
Madison, WI 53707-7862
Anne R.
1103 South Lafayette Street
Shawano, WI 54166
You are hereby notified that the Court has entered the following opinion and order:
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Shawano County v. Anne R. (L. C. No. 2006ME45) |
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Counsel for Anne R. has filed a no-merit report concluding there is no arguable basis for challenging orders for extension of commitment and involuntary medication and treatment. Anne R. has responded.[1] Upon this court’s review of the record, no arguable issue of merit appears and we summarily affirm.
Shawano County Department of Community Programs filed a petition to extend Anne’s mental health commitment and also asked that, during the period of commitment, she be subject to involuntary medication and treatment. After a hearing, the circuit court extended the commitment under Wis. Stat. § 51.20(13)(g)1.,[2] doing so on an outpatient basis, and also ordered that Anne be subject to involuntary medication and treatment.
There is no basis for arguing that the evidence was insufficient to extend Anne’s commitment. See State v. W.R.B., 140 Wis. 2d 347, 351-52, 411 N.W.2d 142 (Ct. App. 1987). A person’s mental health commitment may be extended if there is evidence the person is mentally ill; the person is a proper subject of treatment; and the person would be a proper subject for commitment if the treatment were withdrawn. Id.
Doctor John Coates’s testimony was sufficient to establish that Anne has a mental illness within the meaning of Wis. Stat. § 51.20(1)(a)1, and that medications have stabilized her condition. Doctor Coates testified that Anne has been chronically mentally ill with schizophrenia, paranoid type, affecting Anne’s thought, mood and judgment.
In addition, Dr. Coates testified Anne would likely stop treatment and medications because she does not believe she is mentally ill. If Anne would stop taking medication, she would over a period of weeks or months begin to experience hallucinations and delusional thought processes culminating in a general decline that ultimately would require hospitalization.
Doctor Coates testified Anne’s mental illness rendered her incapable of understanding the advantages and disadvantages of medication and making an informed choice about whether to accept or refuse such medication. Anne was thus a proper subject for involuntary medication and treatment. See Outagamie County v. Melanie L., 2013 WI 67, ¶¶9, 72, 349 Wis. 2d 148, 833 N.W.2d 607.
This court’s independent review of the record discloses no other potential issue for appeal. Therefore,
IT IS ORDERED that the orders are summarily affirmed. Wis. Stat. Rule 809.21.
IT IS FURTHER ORDERED that attorney Donald T. Lang is relieved of further representing Anne R. in this matter. Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals