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Keywords

appealhearingmotionlease

appealmotionlease

Related Cases

E-C-H-, Matter of

Facts

E.C.H. was committed to inpatient mental health treatment on September 15, 2017, and was released to outpatient status on November 10, 2017. Milwaukee County filed a motion to extend his commitment on March 9, 2018, citing ongoing mental health issues. During the extension hearing, witnesses testified about E.C.H.'s mental health condition, including his irregular medication adherence and homelessness, which posed risks to his safety.

On September 15, 2017, E.C.H. was committed to inpatient mental health treatment pursuant to Wis. Stat. ch. 51 for a period of six months at the Milwaukee County Behavioral Health Division (BHD). On or around November 10, 2017, E.C.H. was released from the BHD to outpatient status. On March 9, 2018, Milwaukee County filed a motion to extend E.C.H.'s original commitment order, alleging that E.C.H. continued to be a proper subject for mental health treatment.

Issue

Whether the appeal regarding the extension of E.C.H.'s commitment is moot given that he has since been released from that commitment.

E.C.H. contends that the circuit court did not make an appropriate finding of dangerousness, pursuant to Wis. Stat. 51.20(1)(am).

Rule

An action or issue is moot when its determination cannot have any practical legal effect upon a then existing controversy.

An action or issue is moot when its determination 'cannot have any practical legal effect upon a then existing controversy.'

Analysis

The court found that since E.C.H. had been released from his commitment, vacating the extension order would not affect his current situation or the firearm restriction he faced. The court noted that any potential stigma or consequences related to the commitment were tied to the initial order, not the extension, and thus did not warrant a decision on the merits.

The County contends that because the commitment order underlying this appeal has expired, this appeal is moot. We agree.

Conclusion

The court dismissed the appeal as moot, concluding that there was no practical legal effect to be gained from vacating the extension order.

For the foregoing reasons, we dismiss this appeal as moot.

Who won?

Milwaukee County prevailed in the case as the court dismissed E.C.H.'s appeal, agreeing with the County's position that the appeal was moot.

The County informed this court that on July 3, 2019, a new and subsequent commitment order was entered for E.C.H. That order is not on appeal.

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