STATE EX REL. JONES v. GERHARDSTEIN

No. 85-1718.

141 Wis.2d 710 (1987)

416 N.W.2d 883

STATE of Wisconsin EX REL. Joyce JONES and David Galicia, M.D., individually and as representatives of the classes of persons similarly situated, Petitioners-Appellants, STATE of Wisconsin EX REL. STATE PUBLIC DEFENDER, Attempted Intervenor and Appellant, v. Richard GERHARDSTEIN, M.D., the Milwaukee County Combined Community Services Board, Donald Percy, and The Wisconsin Department of Health & Social Services, Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided December 21, 1987.


Attorney(s) appearing for the Case

For the respondents-petitioners there was a brief and oral argument by Robert A. McKnight, principal assistant corporation counsel, with whom on the brief was George E. Rice, acting corporation counsel, Milwaukee.

For the respondents-petitioners the cause was argued by F. Thomas Creeron, III, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the petitioners-appellants and attempted intervenor and appellant, there were briefs and oral argument by Thomas K. Zander, Legal Aid Society of Milwaukee, Inc., Milwaukee.

There were amicus curiae briefs by Herbert S. Bratt, Edward S. Levin and Wisconsin Psychiatric Association, Inc., Milwaukee; Sally L. Wencel, H. B. Maroney, II and State Medical Society of Wisconsin, Madison; Dianne Greenely and Wisconsin Coalition for Advocacy, Inc., Madison and Thomas E. Dixon, Jr., Michael Perlin and Mary Burke, The National Mental Health Association, National Mental Health Consumer's Association, and The Mental Health Association of Wisconsin, Madison.


STEINMETZ, J.

This court accepted the petition for review to decide whether the involuntary administration of psychotropic1 medication to persons committed pursuant to Chapter 51 of the Wisconsin Statutes violates their right to equal protection under the United States and Wisconsin Constitutions, when those persons have not been found to be incompetent to make treatment decisions. The distinction...

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