The State appealed, however, and the appeal was stayed to await the outcome of several other cases challenging the constitutionality of Chapter 980. Following these decisions, this Court summarily reversed the trial court's judgment and remanded the case back to the circuit court. On remand, Judge Diane Sykes was administratively assigned the case. Brown now appeals. Williams also now appeals.
Statutory construction involves a question of law and therefore our review is de novo .
The trial court's holding that no right to judicial substitution exists in Chapter 980 proceedings is based on its reading of the Wisconsin Supreme Court's opinion in State ex rel. Serocki v. Clark County Cir. The trial court then applied this standard and held that because Chapter 980 is silent with respect to judicial substitution, no such right exists. The trial court erred, however, by misreading Serocki , and by applying the wrong legal standard to the issue presented. As both the State and the amicus curiae concede, proceedings under Chapter 980, Stats., are civil commitment proceedings.