Milwaukee County v. LOUISE M.

SULLIVAN, J.

(dissenting). Is a court commissioner’s probable cause finding for an emergency detention hearing,1 based upon the criteria set forth in § 51.15(1), Stats., reviewable by the circuit court when the underlying petitions for involuntary commitment were dismissed with prejudice?

The majority concludes that such review exists. It is axiomatic, however, that a right of review is the creature of statute. I conclude that Article VII, Section 8, of the Wisconsin Constitution does not authorize, nor do the Wisconsin statutes provide for, such a review. *209Further, such review may not be reasonably implied from § 51.20, Stats.

The majority relies in part upon Dane County v. C.M.B., 165 Wis. 2d 703, 478 N.W.2d 385 (1992), in reaching its conclusion. See majority op. at 205-07. C.M.B. is distinguishable, and inapplicable, because in C.M.B., the court commissioner entered a final order dismissing the action for want of probable cause. C.M.B., 165 Wis. 2d at 706, 478 N.W.2d at 385-86.

With judicial resources in this state stretched nearly to the breaking point, I am dismayed by the majority's creation of such a review out of the miasma of "our supervisory authority over the circuit courts." See majority op. at 208. Equally perplexing to me are Louise M. and Theodore S.'s suggestions in their reply brief that the circuit court should conduct another probable cause hearing, and that we should direct the circuit court to adopt a new rule to that effect in all cases of this type. We should affirm the order of the trial court granting the County's motion to dismiss the requests of Louise M. and Theodore S. for a de novo hearing on the commissioner's probable cause finding and order.

For these reasons, I must respectfully dissent.

See § 51.20(7)(c), Stats.