CA Blank Order

Hon. Timothy A. Hinkfuss

Circuit Court Judge

Brown County Courthouse

P.O. Box 23600

Green Bay, WI 54305-3600

Jacob D. Klaus

Brown County Courthouse

P.O. Box 23600

Green Bay, WI 54305-3600

Leonard D. Kachinsky

Sisson & Kachinsky Law Offices

103 W. College Ave. #1010

Appleton, WI 54911-5782

Rebecca S. Lindner

Assistant Corporation Counsel

P.O. Box 23600

Green Bay, WI 54305-3600

Omar R.

414 La Verne Dr.

Green Bay, WI 54311

You are hereby notified that the Court has entered the following opinion and order:



	2013AP926-NM	In the matter of the mental commitment of Omar R.: Brown County Department of Human Services v. Omar R. (L.C. # 2012ME1031)

Before Hoover, P.J.[1]

Counsel for Omar R. filed a no-merit report concluding there is no arguable basis for Omar to challenge orders for a six-month Wis. Stat. chapter 51 commitment and involuntary medication and treatment. Omar was advised of his right to respond to the report and has not responded. Upon this court’s independent review of the record, no issue of arguable merit appears.

Fifteen-year-old Omar was detained after his mother reported to police that Omar twice attempted to get out of her vehicle while it was moving at fifteen to twenty miles per hour. She stated that Omar had a history of violence, including breaking her nose. Omar fills his jacket with toys or other small items at night, leaves his home and wanders around, and becomes angry with his mother when she finds him and takes him home. Omar refused mental health services and became violent when his mother attempted to get him mental health services. The family services report indicated that Omar was not oriented to time, place or person.

The psychiatric center report states that Omar slept only two or three hours per night, refused to shower or change clothes and at all times appears to be paranoid. He managed to remove a door handle and held it as if it were a gun, threatening the staff. He reported that his medicine is “nugs,” which he explained was the same thing as “gonga.” He said the purpose of nugs is “when I used to travel they helped my feet and my head get bigger so hot chicks like me.” When asked about self-harm, he smiled and said, “Doesn’t everyone have that?” He reported that someone tried to hurt him, but when asked to specify he said “they are probably asleep dreaming of putting pains on me.” He reported that the television talked to him about his friends and voices “want me to chill down from the monster or stop acting like a monster.” He was diagnosed with a schizophreniform disorder.

As required by Wis. Stat. § 51.20(7)(a), a probable cause hearing was commenced within seventy-two hours of Omar’s arrival at the facility. The hearing was adjourned at the request of Omar’s attorney. The hearing was completed within seven days as allowed by § 51.20(7)(a). The final hearing was held well within fourteen days of detention as required by § 51.20(7)(c). Therefore, there were no procedural errors that deprived the court of competency to proceed.

The record discloses no arguable basis for challenging the sufficiency of the evidence to support the circuit court’s findings that Omar was mentally ill and incapable of expressing an understanding of the advantages and disadvantages of accepting medication or the alternatives. Doctor George Soncrant diagnosed Omar as suffering from schizophreniform disorder and polysubstance abuse. He explained that schizophreniform disorder applies when someone has symptoms for a relatively short period of time that may turn out to be schizophrenia or schizoaffective disorder, but Omar’s symptoms have not lasted long enough to make that diagnosis. Schizophreniform is the typical diagnosis for someone of Omar’s age. Soncrant based the diagnosis on Omar’s statements that he hears voices telling him to hurt himself or other people and the reports of numerous evaluators that judged Omar to be disorganized, confused and psychotic. He noted that Omar had to be placed in restraints twice, refused medication, and gets very aggressive and tries to leave the building. Omar made statements about wanting to hang himself. Without treatment, Soncrant opined that Omar would be a danger to himself or others. When asked whether Omar had any ability to understand or apply any of the advantages, disadvantages or benefits of taking psychotropic medications, Soncrant responded, “Not a bit.” Omar spoke several times at the hearing, but all of his statements were nonsensical.

This court’s independent review of the record discloses no other potential issue for appeal. Therefore,

IT IS ORDERED that the orders are summarily affirmed.

IT IS FURTHER ORDERED that attorney Leonard Kachinsky is relieved of his obligation to further represent Omar in this matter. See Wis. Stat. Rule 809.32(3).

[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2). All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.