State v. Meeks, 2003 WI 104, 263 Wis. 2d 794

666 N.W.2d 859 (2003) · Supreme Court of Wisconsin · July 11, 2003 · No. No. 01-0263-CR

Summary

The Supreme Court of Wisconsin considers whether a former attorney's opinions, perceptions, and impressions concerning a client's mental competency are protected by the attorney-client privilege. The court holds that such information constitutes confidential communication under Wis. Stat. § 905.03(2) and SCR 20:1.6, reverses the court of appeals, and remands for a nunc pro tunc competency hearing.

Holdings

  1. An attorney's opinions, perceptions, and impressions of a former client's competency to proceed are confidential communications protected by the attorney-client privilege under Wis. Stat. § 905.03 and SCR 20:1.6, even when the attorney does not expressly disclose the client's specific words.
  2. A former attorney's duty as an officer of the court does not override the attorney-client privilege when the former attorney is asked to testify about the former client's competency.
  3. The court of appeals' decision must be reversed and the case remanded for a nunc pro tunc competency hearing determining Meeks's competency as of January 4, 2000, without consideration of Scholle's testimony.

Questions Presented

  1. Whether a former attorney's opinions, perceptions, and impressions concerning a former client's mental competency are confidential communications protected by Wis. Stat. § 905.03 and SCR 20:1.6.
  2. Whether a former attorney's duty as an officer of the court to raise competency concerns overrides the attorney-client privilege.
  3. Whether the competency determination had to be redone without considering the former attorney's testimony.

Disposition

reversed_and_remanded

Cases Cited (23)

  • State v. Hydrite Chem. Co., 220 Wis. 2d 51, 59, 582 N.W.2d 411 (Ct. App. 1998)(followed)
  • Franzen v. Children's Hosp. of Wis., 169 Wis. 2d 366, 386, 485 N.W.2d 603 (Ct. App. 1992)(followed)
  • Jax v. Jax, 73 Wis. 2d 572, 579, 581, 243 N.W.2d 831 (1976)(followed)
  • State ex rel. Dudek v. Circuit Court for Milwaukee County, 34 Wis. 2d 559, 578, 605, 150 N.W.2d 387 (1967)(followed)
  • Swan Sales Corp. v. Jos. Schlitz Brewing Co., 126 Wis. 2d 16, 31-32, 374 N.W.2d 640 (Ct. App. 1985)(followed)
  • State v. Johnson, 133 Wis. 2d 207, 220, 395 N.W.2d 176 (1986)(distinguished)
  • State ex rel. Matalik v. Schubert, 57 Wis. 2d 315, 321, 204 N.W.2d 13 (1973)(followed)
  • Pate v. Robinson, 383 U.S. 375, 385 (1966)(followed)
  • Corry v. Meggs, 498 So. 2d 508, 513 (Fla. Ct. App. 1986)(followed)
  • In re Witness-Attorney Before Grand Jury No. 83-1, 613 F. Supp. 394, 398 (S.D. Fla. 1984)(followed)

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