Waupaca County v. K.E.K.

Docket: 2018AP001887

Opinion Date: February 9, 2021

Judge: Annette Kingsland Ziegler

Areas of Law: Health Law

The Supreme Court affirmed the circuit court's order extending K.E.K.'s involuntary commitment pursuant to Wis. Stat. 51.20(13)(g)3., holding that Wis. Stat. 51.20(1)(am), the statute upon which Waupaca County relied on to prove K.E.K.'s dangerous, is facially constitutional and that K.E.K.'s as-applied constitutional challenges failed. K.E.K. challenged the commitment extension on appeal, arguing that section 51.20(1)(am) was both facially unconstitutional and unconstitutional as applied because it does not require a sufficient showing of current dangerousness, as exhibited by recent acts of dangerousness. The court of appeals denied relief. The Supreme Court affirmed, holding that the statute is facially constitutional and that K.E.K.'s as-applied constitutional challenges, which the Court noted were disguised sufficiency of the evidence challenges, also failed.