State v. Circuit Court for Dane County

Appeal Number 2011AP000765 - W

CONSOLIDATED - List of Consolidated Cases
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
07-05-2012
Cites
822 N.W.2d 67
Comment: 818 N.W.2d 850 withdrawn by publisher

OCCD
SC
07-05-2012
Cites
342 Wis. 2d 396

OCCD
SC
07-05-2012
Public Domain Citation
Comment: PDC No: 2012 WI 82

OCCD
SC
02-29-2012
Motion for Miscellaneous Relief
Filed By: Ismael Ozanne
Submit Date: 2-29-2012
Decision: (O) Other
Decision Date: 7-5-2012
IT IS ORDERED that the motion to the court for a rehearing in the instant case without Justice Gableman's participation has not received four votes and is, therefore, not granted. Justice Michael J. Gableman did not participate in this decision. Justice David T. Prosser, Justice Patience Drake Roggensack and Justice Annette K. Ziegler write separately. Chief Justice Shirley S. Abrahamson writes separately. Justice Ann Walsh Bradley and Justice N. Patrick Crooks join the writing of Chief Justice Shirley S. Abrahamson.
Motion Response
Filed By: Maria Lazar
Submit Date: 3-12-2012
Comment: Motion for Leave to File Supplemental Memorandum of Law Regarding Motion for Recusal of Justice Gableman and for Relief from Judgment & DA's Supplemental Memorandum of Law in Support of His Motion for Recusal by Justice Gableman and his Motion for Relief from Judgment and Affidavit of Ozanne

OCCD
SC
12-30-2011
Motion for Miscellaneous Relief
Filed By: Ismael Ozanne
Submit Date: 12-30-2011
Decision: (O) Other
Decision Date: 7-5-2012
IT IS ORDERED that the motion to the court for a rehearing in the instant case without Justice Gableman's participation has not received four votes and is, therefore, not granted. Justice Michael J. Gableman did not participate in this decision. Justice David T. Prosser, Justice Patience Drake Roggensack and Justice Annette K. Ziegler write separately. Chief Justice Shirley S. Abrahamson writes separately. Justice Ann Walsh Bradley and Justice N. Patrick Crooks join the writing of Chief Justice Shirley S. Abrahamson.
Comment: Motion for Relief from Judgment and DA's Combined Memorandum of Law in Support of his Motion for Recusal by Justice M. Gableman and Motion for Relief from Judgment. - Affidavit of Ozanne

OCCD
SC
12-30-2011
Motion for Miscellaneous Relief
Filed By: Ismael Ozanne
Submit Date: 12-30-2011
Decision: (D) Deny
Decision Date: 1-20-2012
ORD that the motion to Justice Michael J. Gableman individually is hereby denied.
Comment: Motion for Recusal of Justice Michael Gableman - Affidavit of Ismael R. Ozanne - DA's Combined Memorandum of Law in Support of his Motion for Recusal by Justice M. Gableman and Motion for Relief from Judgment.

OCCD
SC
07-22-2011
Remittitur
Comment: T/J

OCCD
SC
06-14-2011
Cites
334 Wis. 2d 70

OCCD
SC
06-14-2011
Cites
798 N.W.2d 436

OCCD
SC
06-14-2011
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Miscellaneous Order
Decision: Other Pages: 9
Abrahamson, Shirley S. Wrote Concur/Dissent Opinion 19 pages.
Crooks, N. Patrick Wrote Concur/Dissent Opinion 19 pages.
Prosser, David T. Jr. Wrote Concurring Opinion 18 pages.
Order Text: ORD that the certification and motions for temporary relief in Case No. 11AP613-LV are denied.
FRO that the petition for original jurisdiction in Case No. 11AP765-W is granted, and all motions to dismiss and for supplemental briefing are denied.
FRO that all orders and judgments of the Dane County Circuit Court in Case No. 11CV1244 are vacated and declared to be void ab initio.
FRO that we have concluded that in enacting the Act, the legislature did not employ a process that violated Article IV, Section 10 of the Wisconsin Constitution, which provides in relevant part: "The doors of each house shall be kept open except when the public welfare shall require secrecy". The doors of the senate and assembly were kept open to the press and members of the public during the enactment of the Act. The doors of the senate parlor, where the joint committee on conference met, were open to the press and members of the public. WisconsinEye broadcast the proceedings live. Access was not denied. There is no constitutional requirement that the legislature provide access to as many members of the public as wish to attend meetings of the legislature or meetings of legislative committees.

Shirley S. Abrahamson, C.J., Ann Walsh Bradley and N. Patrick Crooks, J.J., concur in part and dissent in part from this order.
Ann Walsh Bradley and N. Patrick Crooks, J.J., join concur/dissent writing of C.J. Abrahamson.
Shirley S. Abrahamson, C.J., and Ann Walsh Bradley, J., join concur/dissent writing of N. Patrick Crooks.

OCCD
SC
06-14-2011
Public Domain Citation
Comment: PDC No: 2011 WI 43

OCCD
SC
06-14-2011
Consolidated Case
Comment: [2011AP000613, 2011AP000765]

OCCD
SC
06-08-2011
Motion for Miscellaneous Relief
Filed By: Lester Pines
Submit Date: 6-8-2011
Decision: (D) Deny
Decision Date: 6-14-2011
See SC Order of 6/14/11
Comment: Motion to File Supplemental Brief 6/8/11 Rec'd Amended Motion to File Supplemental Brief

OCCD
SC
06-08-2011
Motion to Take Judicial Notice
Filed By: Lester Pines
Submit Date: 6-8-2011
Decision: (O) Other
Decision Date: 6-14-2011
See SC Order of 6/14/11
Motion Response
Filed By: Ismael Ozanne
Submit Date: 6-9-2011
Comment: 6/8/11 Rec'd Amended Motion

OCCD
SC
06-06-2011
Oral Argument
Comment: Kevin St. John for State of Wisconsin and State of Wisconsin ex rel. Michael D. Huebsch; Marie A. Stanton for Dane County Circuit Court, Hon. MaryAnn Sumi presiding, Ismael Ozanne for Dane County District Attorney Ismael Ozanne, Robert J. Jambois for Peter Barca, Lester A. Pines for Mark Miller and Roger Sage for Douglas LaFollette

OCCD
SC
06-02-2011
Court Order
ORD that the oral argument scheduled for June 6, 2011, shall pertain to both Case No. 2011AP765-W and Case No. 2011AP613-LV (L.C. #2011CV1244).
FRO the following parties are allotted oral arg. as scheduled, in the following sequence:
State of Wisconsin and State of Wisconsin ex rel. Michael D. Huebsch: 50 mins; Dane County Circuit Court, Hon. MaryAnn Sumi, presiding: 15 mins; Dane County District Attorney, Ismael R. Ozanne: 15 mins; Peter Barca: 10 mins; Mark Miller: 10 mins; Douglas LaFollette: 10 mins; and State of Wisconsin and State of Wisconsin ex rel. Michael D. Huebsch: 10 mins rebuttal.FRO the mtn of Dane Co Cir Crt, Hon. MaryAnn Sumi pres., to supp the rec in Case No. 11AP765-W with the findings of fact, conclusions of law, memo decision and judgment of May 26, 2011, entered in State ex rel. Ozanne v. Fitzgerald, Dane Co Cir Crt Case No. 11CV1244, is granted. FRO the above named parties file by 5:00 pm on June 3, 2011, letter memo addressing the effect of the circuit courts May 26, 2011, findings, conclusions, decision and judgment on Case No. 2011AP613-LV (L.C. #2011CV1244) and Case No. 2011AP765-W, including: (1) whether an appeal is an available remedy and to whom; (2) whether the circuit courts May 26, 2011, judgment is final for purposes of appeal; (3) whether this courts exercise of original jurisdiction may include the appellate power to review a circuit court judgment absent the filing of an appeal; (4) whether any of the circuit courts findings of fact are clearly erroneous; and (5) whether any facts beyond those found by the circuit court, material to the determination of the issues in Case No. 2011AP613-LV (L.C. #2011CV1244) and Case No. 2011AP765-W, are in dispute. FRO the parties shall be prepared to address during oa the above issues, as well as this courts jurisdiction, the underlying issues, and the substantive merits in both Case No. 2011AP613-LV (L.C. #2011CV1244) and Case No. 2011AP765-W.

OCCD
SC
06-01-2011
Motion to Dismiss
Filed By: Ismael Ozanne
Submit Date: 6-1-2011
Decision: (D) Deny
Decision Date: 6-14-2011
See SC Order of 6/14/11
Comment: District Atty's. Motion to Dismiss Petition for Supervisory Writ and Motion to Deny Petition for Leave to Appeal.

OCCD
SC
06-01-2011
Motion to Dismiss
Filed By: Lester Pines
Submit Date: 6-1-2011
Decision: (D) Deny
Decision Date: 6-14-2011
See SC Order of 6/14/11
Comment: Joint Motion to Dismiss on Grounds of Mootness by Respondents Barca and Miller

OCCD
SC
05-27-2011
Response
Comment: petitioners single response to 5/18 filing per 5/4/11 CTO From Atty. K. St. John and Eric M. McLeod

OCCD
SC
05-26-2011
Motion for Miscellaneous Relief
Filed By: Dean Strang
Submit Date: 5-26-2011
Decision: (G) Grant
Decision Date: 6-2-2011
ORD that the oral argument scheduled for June 6, 2011, shall pertain to both Case No. 2011AP765-W and Case No. 2011AP613-LV (L.C. #2011CV1244).
FRO the following parties are allotted oral arg. as scheduled, in the following sequence:
State of Wisconsin and State of Wisconsin ex rel. Michael D. Huebsch: 50 mins; Dane County Circuit Court, Hon. MaryAnn Sumi, presiding: 15 mins; Dane County District Attorney, Ismael R. Ozanne: 15 mins; Peter Barca: 10 mins; Mark Miller: 10 mins; Douglas LaFollette: 10 mins; and State of Wisconsin and State of Wisconsin ex rel. Michael D. Huebsch: 10 mins rebuttal.FRO the mtn of Dane Co Cir Crt, Hon. MaryAnn Sumi pres., to supp the rec in Case No. 11AP765-W with the findings of fact, conclusions of law, memo decision and judgment of May 26, 2011, entered in State ex rel. Ozanne v. Fitzgerald, Dane Co Cir Crt Case No. 11CV1244, is granted. FRO the above named parties file by 5:00 pm on June 3, 2011, letter memo addressing the effect of the circuit courts May 26, 2011, findings, conclusions, decision and judgment on Case No. 2011AP613-LV (L.C. #2011CV1244) and Case No. 2011AP765-W, including: (1) whether an appeal is an available remedy and to whom; (2) whether the circuit courts May 26, 2011, judgment is final for purposes of appeal; (3) whether this courts exercise of original jurisdiction may include the appellate power to review a circuit court judgment absent the filing of an appeal; (4) whether any of the circuit courts findings of fact are clearly erroneous; and (5) whether any facts beyond those found by the circuit court, material to the determination of the issues in Case No. 2011AP613-LV (L.C. #2011CV1244) and Case No. 2011AP765-W, are in dispute. FRO the parties shall be prepared to address during oa the above issues, as well as this courts jurisdiction, the underlying issues, and the substantive merits in both Case No. 2011AP613-LV (L.C. #2011CV1244) and Case No. 2011AP765-W.

Comment: Respondent's Motion to Supplement the Record

OCCD
SC
05-18-2011
Motion to File Amicus/Non-Party Brief
Filed By: Jina Jonen
Submit Date: 5-18-2011
Decision: (G) Grant
Decision Date: 5-24-2011
ORD that the motion is granted and the brief is accepted for filing.
Comment: WEAC, AFSCME District Council 40, AFSCME DC 24, AFT-WISCONSIN, AFSCME DC48, SEIU Healthcare Wisconsin and the Wisconsin State AFL-CIO

OCCD
SC
05-18-2011
Response
Comment: Dane County et al response w/ supp memo to 5/4/11 CTO

OCCD
SC
05-16-2011
Certificate of Service
Comment: Affidavit of Service by Atty. Eric McLeod

OCCD
SC
05-05-2011
Attorney Change
Comment: Notice of Appearance on behalf of Hon. Maryann Sumi

OCCD
SC
05-04-2011
Court Order
ORD that the resp., Circ. Crt for Dane Co., et al., shall each file a response to the petition for supervisory writ and for imm. temp. relief, with a supp. memo, on the issue of whether this court should accept juris. over the writ and on the merits of the substantive issues raised in the writ, on or before 5/18/2011. The response and supp. memo combined may not exceed 50 pages mono or 11,000 words proportional font is used. In lieu of such a response, a resp. may file a letter stating that he, she or it does not intend to file a response, but that the petition is not thereby admitted. See Wis. Stat. (Rule) 809.51(2).FRO that the pet. shall file a single reply to the responses on or before 5/27/11. The reply and supporting memo combined may not exceed 50 pages monospaced or 11,000 words proportional. The reply and supp. memo shall not incorporate by ref. any portion of the writ; instead, any material in that doc. upon which there is reliance should be restated in the reply.FRO that in add. to addressing the issues raised in the writ, the responses and reply shall address: (1) whether the writ should be dism. because pet. are not parties to the underlying action in the circ. crt., see In re Pet. of Heil, 230 Wis. 428, 284 N.W. 42 (1938-39); (2) whether the writ should be recast as a petition for orig. action publici juris, see WI Prof. Police Assn v. Lightbourn, 2001 WI 59, 243 Wis. 2d 512, 627 N.W.2d 807, and if recast, whether the parties should be realigned; (3) whether all resp. have been served with the writ; (4) whether any of the resp. intend to raise any issues or obj. regarding serv. of the writ, incl. immunity; (5) whether the DOJ represents J. Fitzgerald, S. Fitzgerald, M. Ellis, S. Suder, the Joint Comm. on Conf., the WI Senate, and/or the WI Assembly, as it does in the circ. crt; and (6) whether the Circ. Crt for Dane Co. is rep. by coun. and, if so, by whom. FRO that it is the court's intent to hold oral arg. on 6/6/2011 at 9:45.

OCCD
SC
04-13-2011
Attorney Change
Comment: AG's Potter, Weber and Rice removed from case per letter from AG Rice

OCCD
SC
04-08-2011
Attorney address updated
Comment: Address changed for attorney: 6466 Robert J. Jambois

OCCD
SC
04-08-2011
Fee Paid
Comment: Receipt No: 11R 000904

OCCD
SC
04-07-2011
Attorney address updated
Comment: Address changed for attorney: 29465 Susan M. Crawford

OCCD
SC
04-07-2011
Motion for Stay
Filed By: Maria Lazar
Submit Date: 4-7-2011
Decision: (O) Other
Decision Date: 6-14-2011
See 6/14/11 SC Order

OCCD
SC
04-07-2011
Petition for Supervisory Writ
Filed By: Maria Lazar
Submit Date: 4-7-2011
Decision: (G) Grant
Decision Date: 6-14-2011
See 6/14/11 SC Order
Comment: 3 Separate volumes for appendices