Waukesha County v. E.J.W.
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The Supreme Court reversed the decision of the court of appeals affirming the order of the circuit court extending Defendant's involuntary commitment, holding that the circuit court incorrectly determined that Defendant's demand for a jury trial was untimely.
Defendant did not request a jury trial before the first time set for his final hearing, but the final hearing was adjourned and rescheduled. More than forty-eight hours before the rescheduled date, Defendant demanded a jury trial. At issue was whether the request was timely under Wis. Stat. 51.20(11)(a). The Supreme Court held that Defendant's jury demand was timely because (1) section 51.20(11)(a) does not limit the filing of a jury demand to only the first time that a final hearing is set; and (2) rather, when a final hearing is rescheduled, section 51.20(11)(a) allows a jury demand to be filed up until forty-eight hours prior to the rescheduled final hearing.
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