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ST. EX REL. WATTS v. COMBINED COMMUNITY SERVICES

No. 84-1107.

122 Wis.2d 65 (1985)

362 N.W.2d 104

STATE of Wisconsin EX REL. Patricia A. WATTS and Gertrude Huerlimann, individually and as representatives of the class of persons similarly situated, Petitioners-Appellants, v. The COMBINED COMMUNITY SERVICES BOARD OF MILWAUKEE COUNTY, Gerald Engel, John A. Heidenreich, Kathleen Blonski, Thomas Korb, and Anne Tobias, individually and as members of the Combined Community Services Board of Milwaukee County, Symuel Smith, individually and as program director of the Combined Community Services Board of Milwaukee County, Richard Gerhardstein, M.D., individually and as medical director of the Milwaukee County Mental Health Complex, and as acting clinical program director of the Combined Community Services Board of Milwaukee County, Donald Percy, individually and as Secretary of the Wisconsin Department of Health & Social Services, and Wisconsin Department of Health & Social Services, Respondents. IN the MATTER OF Julius ERDMANN: Julius ERDMANN, Appellant, v. COMBINED COMMUNITY SERVICES BOARD OF MILWAUKEE COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided January 31, 1985.

Attorney(s) appearing for the Case

For the petitioners-appellants there were briefs by Thomas K. Zander, Legal Aid Society of Milwaukee, Inc., and Robert W. Pledl, assistant state public defender, of counsel, all of Milwaukee, and oral argument by Mr. Zander.

For the respondents there was a brief and oral argument by Robert A. McKnight, principal assistant corporation counsel.

Amicus curiae brief was filed by Dianne Greenley, Madison, for the Wisconsin Coalition for Advocacy, Inc. and Mental Health Association in Wisconsin, Inc.

STEINMETZ, J.

The issues in this case are:

(1) Whether chs. 55 and 880, Stats., deny protectively placed individuals due process and equal protection of law by failing to require periodic automatic court review of the individual's need for guardianship and protective placement.

(2) Whether the temporary emergency diagnostic and treatment powers granted under sec. 55.06(9) (d) and 55.06 (9) (e), Stats.,1 satisfy the requirements...

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