PEND

SC

12-13-2024

Other Brief

Comment: Petitioners Reply (see 10/9/24 cto)

OCCD

SC

11-27-2024

Order

IT IS ORDERED that the clerk of this court shall amend the caption for this matter by removing Gathering Waters, Inc., and its designation as intervenor-petitioner. Any briefs or other documents filed since the October 9, 2024 order do not need to be refiled, but any briefs or other documents filed after the date of this order must contain the amended case caption.

OCCD

SC

11-13-2024

Motion to Extend Time

Filed By: Misha Tseytlin
Submit Date: 11-13-2024
Decision: (G) Grant
Decision Date: 11-14-2024
IT IS ORDERED that the motion is granted. The response brief shall be served and filed on or before December 6, 2024.
See BOT event due on 12-6-2024
Comment: Wisconsin State Legislature request for Extension to file Response Brief

OCCD

SC

10-09-2024

Hold Status

OCCD

SC

07-26-2024

Motion for Miscellaneous Relief

Filed By: Charlotte Gibson
Submit Date: 10-9-2024
Decision: (O) Other
Decision Date: 10-9-2024
ORD that the motion to withdraw the second issue listed in the petition for leave to commence an original action is granted, and the second issue is dismissed; and FRO that the third issue listed in the petition for leave to commence an original action, which was held in abeyance by this courts order of February 2, 2024, will be considered by the court. The third issue was presented in the petition as follows: Under various provisions of Wis. Stat. ch. 101, [the Department of Safety and Professional Services (DSPS)] is charged with promulgating rules relating to commercial building safety, accessibility, and energy efficiency. Under Wis. Stat. 457.03(2), the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board is responsible for developing ethics standards for social workers, marriage and family therapists, and professional counselors. Courts have broadly recognized that blocking executive branch agencies rules violates bicameralism and presentment procedures and infringes on executive and judicial authority. Wisconsin Stat. 227.19(5)(c), (d), (dm), and 227.26(2)(d) and (im) authorize the Joint Committee for Review of Administrative Rules, a 10-member legislative committee, to veto administrative rules. Do these veto provisions violate the separation of powers by allowing this committee to block executive agency rulemaking or, at minimum, DSPSs and the Boards rulemaking authority over commercial building standards and ethics standards for social workers, marriage and family therapists, and professional counselors?; and FRO that within 30 days after the date of this order the petitioners shall file a brief regarding the third issue in this court; that within 20 days of filing of the petitioners brief, the respondents and intervenor-respondent shall file a single, combined responsive brief or a statement that no bri
Comment: Response of Petitioners to July 5, 2024 Order re: Issues Held in Abeyance

OCCD

SC

07-26-2024

Motion to File Amicus/Non-Party Brief

Filed By: Tamara Packard
Submit Date: 7-26-2024
Decision: (G) Grant
Decision Date: 9-10-2024
IT IS ORDERED that the motion is granted, and the National Association of Social Workers' non-party brief is accepted as filed.
Comment: re: National Association of Social Workers 09-10-2024 Court Order

OCCD

SC

07-26-2024

Motion for Miscellaneous Relief

Filed By: Erin Deeley
Submit Date: 7-26-2024
Decision: (G) Grant
Decision Date: 10-9-2024
ORD that the motion to withdraw the second issue listed in the petition for leave to commence an original action is granted, and the second issue is dismissed; and FRO that the third issue listed in the petition for leave to commence an original action, which was held in abeyance by this courts order of February 2, 2024, will be considered by the court. The third issue was presented in the petition as follows: Under various provisions of Wis. Stat. ch. 101, [the Department of Safety and Professional Services (DSPS)] is charged with promulgating rules relating to commercial building safety, accessibility, and energy efficiency. Under Wis. Stat. 457.03(2), the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board is responsible for developing ethics standards for social workers, marriage and family therapists, and professional counselors. Courts have broadly recognized that blocking executive branch agencies rules violates bicameralism and presentment procedures and infringes on executive and judicial authority. Wisconsin Stat. 227.19(5)(c), (d), (dm), and 227.26(2)(d) and (im) authorize the Joint Committee for Review of Administrative Rules, a 10-member legislative committee, to veto administrative rules. Do these veto provisions violate the separation of powers by allowing this committee to block executive agency rulemaking or, at minimum, DSPSs and the Boards rulemaking authority over commercial building standards and ethics standards for social workers, marriage and family therapists, and professional counselors?; and FRO that within 30 days after the date of this order the petitioners shall file a brief regarding the third issue in this court; that within 20 days of filing of the petitioners brief, the respondents and intervenor-respondent shall file a single, combined responsive brief or a statement that no brief wi
Comment: Unopposed Motion for Voluntary Dismissal of Gathering Waters, Inc. as a Party

OCCD

SC

07-26-2024

Response

Comment: Legal Memorandum with Impact of 7-5-24 Decision on Issues 2 & 3 in OA Petition

OCCD

SC

07-05-2024

Order

IT IS ORDERED that the parties file simultaneous legal memoranda by July 26, 2024, discussing the impact of today's decision, if any, on whether the court should grant review of the second and/or third issues set forth in the petition for leave to commence an original action.

OCCD

SC

07-02-2024

Public Domain Citation

Comment: PDC No: 2024 WI 31

OCCD

SC

04-17-2024

Oral Argument

Comment: 9:30 a.m. (State Capitol, Supreme Court Hearing Room). Colin Roth for Petitioners. Erin Deeley for Intervenor-Petitioner. Misha Tseytlin for Respondent.

OCCD

SC

03-28-2024

Brief of Amicus Curiae/Non-Party
Amicus Brief of Legal Scholars

Filed By: Bryna Godar
Comment: Amicus Brief of Legal Scholars

OCCD

SC

03-27-2024

Reply Brief-Supreme Court
Reply Brief of Intervenor-Petitioner Gathering Waters, Inc.

Comment: Intervenor-Petitioner

OCCD

SC

03-27-2024

Reply Brief-Supreme Court
Petitioners' Reply Brief

Comment: Petitioners

OCCD

SC

03-25-2024

Brief of Amicus Curiae/Non-Party
SOH2O and WCV Non-Party Brief

Filed By: Tony Wilkin Gibart
Comment: Save Our Water and Wisconsin Conservation Voters (SOH2O and WCV)

OCCD

SC

03-20-2024

Brief of Amicus Curiae/Non-Party
Amicus Brief of Clean Wisconsin, Inc.

Filed By: Evan Feinauer
Comment: Clean Wisconsin, Inc. Amicus Brief of Clean Wisconsin, Inc.

OCCD

SC

03-13-2024

Motion to File Amicus/Non-Party Brief
03-20-2024 Court Order
Former Wisconsin Judges Motion to File Non Party Brief

Filed By: Christine Donahoe
Submit Date: 3-13-2024
Decision: (G) Grant
Decision Date: 3-20-2024
IT IS ORDERED that the motions are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order.
Comment: Former Wisconsin Judges (Richard J. Sankovitz, Richard G. Neiss, John A. Markson, Paul Lundsten)

OCCD

SC

03-13-2024

Response Brief-Supreme Court
Brief Of Respondents And Intervenor-Respondent Wisconsin State Legislature
Appendix to Respondents, Intervenor Respondent
Acknowledgement of Filing of Supreme Court Brief

Filed By: Misha Tseytlin
Comment: Respondents and Intervenor Respondent

OCCD

SC

03-04-2024

Notice of Appearance
Notice of Appearance - Snyder

Comment: Snyder for Intervenor-Petitioner Gathering Waters, Inc.

OCCD

SC

02-28-2024

Other Brief
Brief of Intervenor-Petitioner Gathering Waters, Inc.
Appendix to Brief of Intervenor-Petitioner Gathering Waters, Inc.

Filed By: Erin Deeley
Comment: Brief and Appendix of Intervenor-Petitioner Gathering Waters, Inc. Brief of Intervenor-Petitioner Gathering Waters, Inc. Appendix to Brief of Intervenor-Petitioner Gathering Waters, Inc.

OCCD

SC

02-22-2024

Motion to Intervene
02-28-2024 Court Order
Gathering Waters, Inc. Notice of Motion and Motion to Intervene
Brief in Support of Motion to Intervene of Gathering Waters, Inc.
Affidavit of Michael Carlson in Support of Motion to Intervene of Gathering Waters, Inc.

Filed By: Erin Deeley
Submit Date: 2-23-2024
Decision: (G) Grant
Decision Date: 2-28-2024
IT IS ORDERED that the motion is granted. The opening merits brief and appendix accompanying the motion are accepted as filed.
Comment: Gathering Waters, Inc.

OCCD

SC

02-22-2024

Response

Comment: Petitioner Brief to issue 1 < 50 pages/11,000 words

OCCD

SC

01-29-2024

Letter/Correspondence
Respondents and Proposed Intervenor Letter to the Court

Comment: Respondents and Proposed Intervenor Letter to the Court

OCCD

SC

11-21-2023

Motion to File Amicus/Non-Party Brief
12-15-2023 Court Order
Motion to File Amicus Brief of Wisconsin Manufacturers & Commerce

Filed By: Nathan Kane
Submit Date: 11-21-2023
Decision: (G) Grant
Decision Date: 12-15-2023
IT IS ORDERED that the motion is granted. The brief accompanying the motion is accepted as filed.
Comment: Wisconsin Manufacturers & Commerce

OCCD

SC

11-21-2023

Response

Comment: Response to the Petition (see 11/7/23 cto)

OCCD

SC

11-20-2023

Notice of Appearance
Notice of Appearance - Dutton (Respondents)

Comment: Appearance of Attorney Dutton for Respondents

OCCD

SC

11-07-2023

Order
11-07-2023 Court Order

IT IS ORDERED that respondents, Senator Howard Marklein et al., shall file one or more responses to the petition by November 21, 2023; and
IT IS FURTHER ORDERED that any non-party that wishes to file a non-party brief amicus curiae in support of or in opposition to the petition must file a motion for leave of the court to file a non-party brief pursuant to the requirements of Wis. Stat. (Rule) 809.19(7). Non-parties should also consult this courts Internal Operating Procedure concerning the nature of non-parties who may be granted leave to file a non-party brief. A proposed non-party brief must accompany the motion for leave to file it. Any proposed non-party brief shall not exceed 20 pages if a monospaced font is used or 4,400 words if a proportional serif font is used. Any motion for leave with the proposed non-party brief attached shall be filed no later than November 21, 2023. Any submission
by a non-party that does not comply with Wis. Stat. (Rule) 809.19(7) and any proposed non-party brief for which this court does not grant leave will not be considered by the court; and
IT IS FURTHER ORDERED that each Wisconsin attorney participating in this case must opt in to this case in the appellate court electronic filing system. All Wisconsin attorneys who are not already opted in for this case are hereby ordered to do so as soon as possible and no later than November 20, 2023.

OCCD

SC

10-31-2023

Petition for an Original Action
02-02-2024 Court Order
Response to 12/19/2023 Correspondence From the Petitioners
Petitioner's Letter re: UW pay adjustments
Response in Opposition to Petition for Original Action
Petition for Original Action
Supporting Memorandum to Petition for Original Action
Exhibit A to Petition for Original Action
Acknowledgement of Filing of Writ/Petition
Corrected Acknowledgement of Filing of Writ/Petition

Filed By: Charlotte Gibson
Submit Date: 10-31-2023
Decision: (G) Grant
Decision Date: 2-2-2024
IT IS ORDERED that the petition for leave to commence an original action is granted solely with respect to the first issue set forth in the petition for leave to commence an original action, and this court assumes jurisdiction over this action; and IT IS FURTHER ORDERED that the second and third issues set forth in the petition for leave to commence an original action are held in abeyance pending further order of the court; and IT IS FURTHER ORDERED that the Wisconsin Legislature's motion to intervene as a respondent is granted; and IT IS FURTHER ORDERED that within 20 days of the date of this order the petitioners shall file a brief in this court that shall not exceed 50 pages if a monospaced font is used or 11,000 words if a proportional serif font is used; that within 20 days of the filing of the petitioner's brief, the respondents and intervenor-respondent shall file a single, combined responsive brief that shall not exceed 50 pages if a monospaced font is used or 11,000 words if a proportional serif font is used; and within 10 days of filing of the responsive brief, the petitioners may file a reply brief that shall not exceed 13 pages if a monospaced font is used or 3,000 words if a proportional serif font is used or a statement that no reply brief shall be filed; and IT IS FURTHER ORDERED that the court will not entertain motions to extend the briefing time or to increase page/word limitations for the briefs; and IT IS FURTHER ORDERED that oral argument in this matter will occur on April 17, 2024, at 9:30 a.m.

REBECCA GRASSL BRADLEY, J; dissenting
ANNETTE KINGSLAND ZIEGLER, C.J., joins dissent
BRIAN HAGEDORN, J., dissenting
ANNETTE KINGSLAND ZIEGLER, C.J., joins dissent
Motion Response
Filed By: Misha Tseytlin
Submit Date: 11-21-2023
Motion Response
Filed By: Misha Tseytlin
Submit Date: 2-2-2024