STATE EX REL. MEMMEL v. MUNDY

No. 76-170.

75 Wis.2d 276 (1977)

249 N.W.2d 573

STATE EX REL. MEMMEL, and another, Respondents, v. MUNDY, Appellant.

Supreme Court of Wisconsin.

Decided January 18, 1977.


Attorney(s) appearing for the Case

For the appellant there were briefs by Robert P. Russell, corporation counsel for Milwaukee county, Gerard S. Paradowski, assistant corporation counsel, and Dean M. Horwitz, assistant corporation counsel, and oral argument by Mr. Horwitz, all of Milwaukee.

For the respondents there was a brief and oral argument by Thomas R. Cannon, Legal Aid Society of Milwaukee.

There was a brief and oral argument by Stanley F. Hack of Milwaukee, for Milwaukee County Board of Judges Amicus Curiae.

Amici Curiae brief was filed by Edward P. Scott and Jane Bloom Yohalem, Mental Health Law Project, Washington, D. C., as counsel for amici curiae associations: American Orthopsychiatric Association; National Association of Criminal Defense Lawyers; National Association of Social Workers; Wisconsin Chapter, National Association of Social Workers; National Legal Aid and Defenders Association.

Amici Curiae brief was filed by Robert H. Blondis and Walther & Halling, all of Milwaukee, for: Corrections Legal Services Program; Milwaukee Bar Association; Milwaukee Junior Bar Association; Milwaukee Mental Health Association; National Association for Mental Health; State Bar of Wisconsin, Section on Individual Rights and Responsibilities Wisconsin Association for Mental Health; Wisconsin Black Lawyers Association; Wisconsin Civil Liberties Union Foundation, Inc.

Amicus Curiae brief was filed by Howard B. Eisenberg, state public defender, for State Public Defender.

Amicus Curiae brief was filed by Bronson C. La Follette, attorney general, and Robert D. Repasky, assistant attorney general.


[1] ROBERT W. HANSEN, J.

In point of time or place, the respondents' petition for declaratory relief is a caboose added to an already long freight train. However, we consider first that petition for declaratory relief for the reasons that (1) a declaration of rights is an appropriate vehicle for an exercise of the superintending control over inferior courts, constitutionally granted to this court,1 and involved in the determinations...

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