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ROLO v. GOERS

No. 91-2330.

174 Wis.2d 709 (1993)

497 N.W.2d 724

Donald J. ROLO, Petitioner-Respondent, v. H. David GOERS, Director, Winnebago Mental Health Institute, Gerald Whitburn, Secretary, Department of Health & Social Services and Wisconsin Department of Health & Social Services, Respondents-Appellants, Peter DESANTIS, Chief Executive Officer of North Central Cummunity Services Program and North Central Community Services Program, Respondents-Respondents.

Supreme Court of Wisconsin.

Decided April 14, 1993.

Attorney(s) appearing for the Case

For respondents-appellants the cause was argued by F. Thomas Creeron, III, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the petitioner-respondent there was a brief by Kate Kruse Livermore and Legal Assistance To Institutionalized Person Program, Madison and oral argument by Ms. Kruse.

For the respondents-respondents there was a brief (in the court of appeals) by William C. Hess, Calvin R. Dexter and Hess, Daubert, Dexter and Reinertson, S.C. and oral argument by Calvin R. Dexter.

WILLIAM A. BABLITCH, J.

A judgment of the circuit court for Winnebago County declared that the Department of Health and Social Services (DHSS) is responsible for funding the court ordered conditions of release for Donald J. Rolo (Rolo), an individual ordered conditionally released from the Winnebago Mental Health Institute (Institute). The DHSS appeals arguing that counties always have been and continue to be financially responsible for their residents on conditional...

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