STATE of Wisconsin, Plaintiff-Respondent,
T. A. J., Appellant,
v.
Alan S. JOHNSON, Defendant-Respondent-Petitioner.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral Argument: September 6, 2022.
Opinion Filed: May 16, 2023.
Attorney(s) appearing for the Case
For the defendant-respondent-petitioner, there were briefs filed by Nathan J. Wojan and Petit & Dommershausen, S.C., Menasha. There was an oral argument by Nathan J. Wojan.
For the appellant, there were briefs filed by Andrea K. Rufo and Legal Action of Wisconsin, Inc., Racine. There was an oral argument by Andrea K. Rufo.
For the plaintiff-respondent, there were briefs filed by Sarah L. Burgundy and Lisa E.F. Kumfer , assistant attorneys general, with whom on the briefs was Joshua L. Kaul , attorney general. There was an oral argument by Sarah L. Burgundy, assistant attorney general.
Amicus curiae briefs were filed by Katie R. York , appellate division director, with whom on the briefs was Kelli S. Thompson , state public defender, for the Wisconsin State Public Defender. There was an oral argument by Katie R. York, appellate division director.
An amicus curiae brief was filed by Erika Jacobs Petty and Lotus Legal Clinic, Brookfield, for Lotus Legal Clinic, Wisconsin Coalition Against Sexual Assault, and the National Crime Victim Law Institute at Lewis & Clark Law School.
Amicus curiae briefs were filed by Ellen Henak , Robert R. Henak , and Henak Law Office, S.C., Milwaukee, for the Wisconsin Association of Criminal Defense Lawyers.
DALLET, J., delivered the majority opinion of the Court, in which ROGGENSACK, HAGEDORN, and KAROFSKY, JJ., joined, and REBECCA GRASSL BRADLEY, J., joined with respect to ¶¶2-22 and 25-29. REBECCA GRASSL BRADLEY, J., filed a concurring opinion. KAROFSKY, J., filed a concurring opinion. ANN WALSH BRADLEY, J., filed a dissenting opinion in which ZIEGLER, C.J., joined.
REBECCA FRANK DALLET, J.
¶1 Patients have a statutory privilege to prevent disclosure of confidential communications with their health care provider that are made for the purposes of diagnosis or treatment. See Wis. Stat. § 905.04(2) (2019-20).1 In State v. Shiffra
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