State ex rel. Lockman v. Gerhardstein

In State ex rel. Lockman v. Gerhardstein, 107 Wis. 2d 325, 329, 320 N.W.2d 27 (Ct. App. 1982) the Court determined that the statutory time limit in Wis. Stat. 51.20(7)(c) (1981-82) was mandatory. In that case, the statute required that the circuit court, if it determines that probable cause exists, shall schedule a final commitment hearing within fourteen days of the person's involuntary commitment. See Gerhardstein, 107 Wis. 2d at 329. Focusing on the injuries suffered by an individual held in custody beyond the statute's time limit for a hearing, the court concluded that "an individual ... who is incarcerated and deprived of his or her liberty until the holding of a final commitment hearing, is injured to a ... great degree." See Gerhardstein, 107 Wis. 2d at 330.