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STATE EX REL. SEIBERT v. MACHT

No. 99-3354-W.

244 Wis.2d 378 (2001)

2001 WI 67

627 N.W.2d 881

STATE of Wisconsin EX REL. Ruven George SEIBERT, Petitioner-Petitioner, v. Phillip MACHT, Director, Wisconsin Resource Center and Circuit Court for Outagamie County, Respondents.

Supreme Court of Wisconsin.

Decided June 19, 2001.

Attorney(s) appearing for the Case

For the petitioner-petitioner there were briefs by Gregory P. Seibold and Murphy & Desmond, S.C., Madison, and oral argument by Gregory P. Seibold.

For the respondents the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

An amicus curiae brief was filed by Joseph N. Ehmann and Glenn L. Cushing, assistant state public defenders, on behalf of the Office of the State Public Defender.

An amicus curiae brief was filed by Howard B. Eisenberg, Milwaukee.

¶ 1. JON P. WILCOX, J.

This case presents two issues. The first issue is whether an indigent sexually violent person, as defined by Wis. Stat. Chapter 980 (1999-2000),1 is constitutionally entitled to assistance of counsel in bringing his or her first appeal as of right from a denial of his or her petition for supervised release. Because due process and equal protection concerns are implicated, we rule that an indigent sexually violent...

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