IN RE MENTAL CONDITION OF BILLY JO W.

No. 92-0854.

173 Wis.2d 310 (1992)

IN RE the MENTAL CONDITION OF BILLY JO W., Alleged to be Mentally Ill: BILLY JO W., Appellant, v. Gary METRO and Racine Journal Times, Respondents.

Court of Appeals of Wisconsin.

Decided December 16, 1992.


Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of William J. Tyroler and Sean M. Brown, assistant state public defenders.

On behalf of the respondents, the cause was submitted on the brief of Constantine, Christensen & Krohn, S.C. of Racine.

Before Nettesheim, P.J., Brown and Snyder, JJ.


BROWN, J.

This case concerns the construction of sec. 51.30(4)(b)4, Stats. The statute authorizes release of otherwise confidential psychiatric treatment records upon "lawful order of a court of record." The issue is whether it allows a circuit court, in its discretion, to release the records to a newspaper. We hold that the legislative intent of the statute allows a court order releasing treatment records only when it necessary to an issue before the court. The circuit...

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