Wisconsin Supreme Court limits forced medication to restore trial competency
Raytrell Fitzgerald was found incompetent to stand trial on a felony firearm charge and was initially placed in outpatient restoration, then removed over safety concerns and medication refusal. A psychologist recommended involuntary medication, and the circuit court ordered it after finding he could not make an informed choice about treatment, without weighing side effects or less intrusive options.
The Supreme Court, in an opinion filed June 13, 2019 after argument that March, held that two subsections of Wisconsin's competency statute (971.14(3)(dm) and (4)(b)) are unconstitutional to the extent they allow forced medication for restoration without satisfying the Sell test. The court vacated the medication order.
The decision reshaped how Wisconsin courts handle medication for restoration, requiring an individualized showing instead of a finding of incapacity to refuse treatment, and has been cited in later competency cases in the state.
Source: State of Wisconsin v. Raytrell K. Fitzgerald, 2019 WI 69 — Wisconsin Supreme Court, by Wisconsin Supreme Court (opinion by Justice Rebecca Grassl Bradley)
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