Waukesha Cnty. v. S.L.L. (In re Mental Commitment of S.L.L.)

• Decision Date: 12 June 2019
• Docket Number: No. 2017AP1468,2017AP1468
• Citation: 929 N.W.2d 140,387 Wis.2d 333,2019 WI 66
• Parties: In the MATTER OF the mental COMMITMENT OF S.L.L.: Waukesha County, Petitioner-Respondent, v. S.L.L., Respondent-Appellant-Petitioner.
• Court: Wisconsin Supreme Court

387 Wis.2d 333

929 N.W.2d 140

2019 WI 66

In the MATTER OF the mental COMMITMENT OF S.L.L.:Waukesha County, Petitioner-Respondent,

v.S.L.L., Respondent-Appellant-Petitioner.

No. 2017AP1468

Supreme Court of Wisconsin.

Oral Argument: February 11, 2019

Opinion Filed: June 12, 2019

For the respondent-appellant-petitioner, there were briefs filed by Colleen D. Ball, assistant state public defender. There was an oral argument by Colleen D. Ball.

For the petitioner-respondent, there was a brief filed by Robert J. Mueller, corporation counsel. There was an oral argument by Robert J. Mueller.

DANIEL KELLY, J.

¶1 Ms. L. challenges an order extending her commitment to the care and custody of Waukesha County pursuant to Chapter 51 of our Wisconsin statutes. She raises three issues for our review. First, she says the circuit court lacked jurisdiction over her when it entered an order extending her commitment. Second, she says the circuit court had no statutory authority to enter a default judgment against her for failing to appear at a scheduled hearing. And third, she asserts there was insufficient evidence of record to support the circuit court's order extending her commitment. All three issues are moot, but we choose to address the first two. For the reasons below, we affirm the court of appeals.

I. BACKGROUND

¶2 On August 10, 2016, the Waukesha County Sheriff's Department detained Ms. L. on an emergency basis pursuant to Wis. Stat. § 51.15(1) (2017-18).¹ That statute allows emergency detention when an individual: (1) is mentally ill, drug dependent, or developmentally disabled; (2) demonstrates one or more of the behaviors listed in the statute; and (3) gives reason to believe the individual is unable or unwilling to cooperate with voluntary treatment.²

¶3 An emergency detention under Wis. Stat. § 51.15 is initiated by completing the form entitled "Statement of Emergency Detention by Law Enforcement Officer" (the "Statement"). The completed Statement must detail the subject's condition and the reasons that make detention necessary. In this case, the Statement says Ms. L. suffered from anxiety and depression (for which she was taking no medication), was homeless and without money or food, exhibited very poor hygiene, and experienced at least six encounters with law enforcement over the preceding 48 hours for "disorderly issues," which included having taken "a swing at a courthouse employee." The Deputy who completed the Statement concluded that Ms. L. was "mentally ill, drug dependent, or developmentally disabled," "evidence[d] behavior which constitutes a substantial probability of physical harm to self or to others," and that taking Ms. L. into custody was "the least restrictive alternative appropriate" to her needs. The Deputy also noted that Ms. L. was dangerous, appeared to talk to others when no one else was present, and "had no rational explanation for her basic needs[.]" Ms. L. was taken into custody, transported to Waukesha Memorial Hospital for medical clearance, and then brought to the Waukesha County Mental Health Center ("MHC").

¶4 The Sheriff's Department filed the Statement with the Waukesha County Circuit Court on August 11, 2016. This "has the same effect as a petition for commitment under s. 51.20," and requires a probable-cause hearing pursuant to Wis. Stat. § 51.20(7) within 72 hours. Wis. Stat. § 51.15(5). The hearing occurred the next day, and the circuit court commissioner found probable cause to believe Ms. L. was "dangerous to self or others." The circuit court scheduled a final hearing for August 30, 2016.

¶5 Ms. L. appeared and testified at the final hearing as scheduled. The circuit court found her mentally ill and ordered her committed to the care and custody of Waukesha County for six months with inpatient placement at the MHC (the "Initial Commitment").³ The circuit court also found she was not competent to refuse psychotropic medication or treatment, and so authorized the involuntary administration of medication during the period of commitment. Ms. L. responded well to the treatment, so the County executed a Conditional Transfer allowing her to leave the MHC and reside elsewhere (the "Transfer"). Ms. L. signed the Transfer, thereby evidencing her agreement that she would abide by the Transfer's requirements, which included taking all prescribed medications, complying with all ongoing treatment and activities recommended by the Waukesha County Health and Human Services Department, and notifying the County if she changed her address from the one listed in the Transfer. The Transfer also stated that if she failed to comply with its conditions she would "be returned to an inpatient facility for further disposition and treatment." Ms. L. left the MHC on September 8, 2016. She attended an appointment to receive medication on November 2, 2016, but thereafter absconded from treatment.⁴ She also failed to keep the County updated on her current address.

¶6 Prior to expiration of Ms. L.'s Initial Commitment, the County applied to the circuit court for a 12-month extension of her commitment (the "Extension Petition"). It alleged that Ms. L. had fallen out of compliance with the Transfer's conditions by missing scheduled treatments and failing to keep a current address on file.⁵ The circuit court scheduled a hearing on the Extension Petition for February 28, 2017 (the "Extension Hearing"). It also ordered a pre-hearing examination of Ms. L.'s mental condition.⁶ Notice of the Extension Hearing was sent to Ms. L.'s last known address and to her appointed counsel. The notice included the time and place of the hearing, identity of the witnesses who would appear, the topics of their anticipated testimony, and the Extension Petition. The copy of the notice sent to Ms. L. was returned as undeliverable.

¶7 The Extension Hearing commenced as scheduled, with Ms. L. in absentia but represented by appointed counsel.⁷ Because of Ms. L.'s absence, the County asked the circuit court to issue a writ of capias and to reschedule the hearing for a week following her return to the MHC. It also asked the circuit court to toll the expiration of the Initial Commitment pending the rescheduled hearing date. The circuit court, however, turned its attention to whether it had jurisdiction over Ms. L. Her attorney affirmed she was "subject to the jurisdiction of the Court through the pendency of the order." The circuit court then concluded that Ms. L. had "submitted to the jurisdiction of the Court," and that "[s]he has not appeared here today" so "[s]he's in default of her right to object." Relying on the physician reports and the County's extension petition, the circuit court found that Ms. L. was still mentally ill, a resident of Waukesha County, and a proper subject for inpatient treatment and commitment. So it entered an order extending her commitment for twelve months, and a separate order authorizing the County to involuntarily medicate her during the pendency of the commitment (we will refer to the two orders collectively as the "Extension Order"). The circuit court also issued a writ of capias.

¶8 Ms. L. appealed. During the pendency of the appeal, the County moved the circuit court to dismiss the matter because the Extension Order would accomplish nothing unless Ms. L. could be located and returned to treatment. The circuit court granted the motion and cancelled both the writ of capias and the Extension Order. The County then moved to dismiss the appeal as moot. The court of appeals initially denied the County's request, but subsequently issued a one-judge opinion granting the motion.

¶9 Ms. L.'s petition for review (which we granted) presents the following three substantive issues. First, whether the circuit court had personal jurisdiction over her for the purpose of issuing the Extension Order.⁸ Second, whether she is subject to a default ruling for failing to appear at the Extension Hearing. And third, whether a Chapter 51 extension order based on reports of physicians who never examined her nor testified at the Extension Hearing is defective for lack of sufficient evidence or because it violates the respondent's due process rights. Ms. L. recognizes that her case's procedural posture potentially implicates our mootness doctrine, but argues her issues are either not moot or are of the type we address even when they are.

II. STANDARD OF REVIEW

¶10 We review the circuit court's jurisdiction over Ms. L. de novo.

Segregated Account of Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 2017 WI 71, ¶ 7, 376 Wis. 2d 528, 898 N.W.2d 70 ("Whether Wisconsin courts have personal jurisdiction ... is a question of law we review de novo, although we benefit from the analyses of the circuit court and court of appeals."); State v. Aufderhaar, 2005 WI 108, ¶ 10, 283 Wis. 2d 336, 700 N.W.2d 4 ("Due process determinations are questions of law we decide de novo."). Whether Chapter 51 allows for entry of default against a respondent for failing to appear at a final recommitment hearing is also a question of law we review de novo. State v. Alger, 2015 WI 3, ¶ 21, 360 Wis. 2d 193, 858 N.W.2d 346 ("The interpretation and application of a statute present questions of law that this court reviews de novo while benefitting from the analyses of the court of appeals and circuit court."). We review a circuit court's decision on whether default judgment is warranted for an erroneous exercise of discretion because "the decision to grant a motion for default judgment is within the sound discretion of the circuit court." Shirk v. Bowling, Inc., 2001 WI 36, ¶ 15, 242 Wis. 2d 153, 624 N.W.2d 375. We review the threshold issue (mootness) de novo: "Mootness is a question of law that we review independently of the determinations rendered by the circuit court and the court of appeals." PRN Assocs. LLC v. DOA, 2009 WI 53, ¶ 25, 317 Wis. 2d 656, 766 N.W.2d 559.

III. DISCUSSION

A. Personal Jurisdiction

¶11 Ms. L. says the circuit court did not have...