Josh Kaul v. Joel Urmanski, as DA for Sheboygan County, WI

Appeal Number 2023AP002362

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
Awaiting Opinion/Decision

PEND
SC
Awaiting Assignment

PEND
CA
02-27-2024
Brief & Appendix of Appellant(s)
Comment: stayed per 2/22/24 CTO

OCCD
SC
11-11-2024
Oral Argument
Comment: 9:45 a.m. (State Capitol, Supreme Court Hearing Room); Matthew J. Thome for Defendent-Appellant, Hannah S. Jurss for Plaintiffs-Respondents, Diane Welsh for Intervenors-Respondents, Samuel J. Leib for Defendent-Respondent(John T. Chrisholm), Carly Gerards for Defendent-Respondent(Ismael R. Ozanne)

OCCD
SC
10-14-2024
Motion for Miscellaneous Relief
Filed By: Douglas Poland
Submit Date: 10-14-2024
Decision: (G) Grant
Decision Date: 10-21-2024
IT IS ORDERED that the motion is granted. Oral argument time for the oral argument on November 11, 2024, shall be allocated as follows. D.A. Urmanski shall present argument first and shall be granted a total of 50 minutes of argument time. D.A. Urmanski may reserve up to ten minutes of his argument time for rebuttal. Plaintiffs-respondents, Attorney General Josh Kaul, the Wisconsin Department of Safety and Professional Services, the Wisconsin Medical Examining Board, and Clarence P. Chou, M.D., shall be granted 20 minutes of argument time. Intervenors-respondents shall be granted 20 minutes of argument time. D.A. Chisholm shall be granted five minutes of argument time. D.A. Ozanne shall be granted five minutes of argument time. Rebuttal by D.A. Urmanski shall follow argument by D.A. Ozanne.
Comment: Motion for Additional Oral Argument Time

OCCD
SC
09-30-2024
Other Papers
Comment: Returned Mail - Acknowledgement of Filing of Brief

OCCD
SC
09-30-2024
Reply Brief-Supreme Court
Reply Brief (Joel Urmanski)
Filed By: Matthew Thome

OCCD
SC
09-26-2024
Assigned for Oral Argument

OCCD
SC
09-20-2024
Sua Sponte
Filed By: Elizabeth Pierson
Submit Date: 9-24-2024
Decision: (G) Grant
Decision Date: 9-24-2024
IT IS ORDERED that the motion is granted. Intervenor Physicians' amended response brief, electronically submitted on September 20, 2024, is accepted as filed.
Comment: Letter re Correction to Brief (Physicians)

OCCD
SC
09-20-2024
Motion to Extend Time
Filed By: Matthew Thome
Submit Date: 9-20-2024
Decision: (G) Grant
Decision Date: 9-24-2024
IT IS ORDERED that the motion is granted. Defendant-appellant's reply brief shall be served and filed on or before September 30, 2024.
See BR3 event due on 9-30-2024

OCCD
SC
09-19-2024
Filed By: Sarah Zylstra
Comment: Local Elected Officials in Wisconsin

OCCD
SC
09-19-2024
Filed By: Breanne Snapp
Comment: American College of Obstetricians and Gynecologists, the American Medical Association, the Wisconsin Medical Society, and the Society for Maternal-Fetal Medicine

OCCD
SC
09-19-2024
Filed By: Tamar Kelber
Comment: Association of Prosecuting Attorneys

OCCD
SC
09-19-2024
Other Papers
Comment: Notice of Pro Hac Vice Admission (Saharsky)

OCCD
SC
09-19-2024
Motion to File Amicus/Non-Party Brief
Filed By: Breanne Snapp
Submit Date: 9-19-2024
Decision: (G) Grant
Decision Date: 9-19-2024
IT IS ORDERED that the motions for leave to file non-party briefs are granted, and the proposed briefs submitted with the motions are accepted as filed; and,
IT IS FURTHER ORDERED that the motion to admit Attorneys Rosenthal and Singh of the Public Rights Project, and also to admit Attorneys Landers, Shrieves, Dale, Ruthberg, and Beckwith of Proskauer Rose LLP, is granted. Attorneys appearing pro hac vice must satisfy the requirements of Supreme Court Rule 10.03(4).
Comment: American College of Obstetricians and Gynecologists, the American Medical Association, the Wisconsin Medical Society, and the Society for Maternal-FetalMedicine

OCCD
SC
09-18-2024
Motion to File Amicus/Non-Party Brief
Filed By: Sarah Zylstra
Submit Date: 9-19-2024
Decision: (G) Grant
Decision Date: 9-19-2024
IT IS ORDERED that the motions for leave to file non-party briefs are granted, and the proposed briefs submitted with the motions are accepted as filed; and,
IT IS FURTHER ORDERED that the motion to admit Attorneys Rosenthal and Singh of the Public Rights Project, and also to admit Attorneys Landers, Shrieves, Dale, Ruthberg, and Beckwith of Proskauer Rose LLP, is granted. Attorneys appearing pro hac vice must satisfy the requirements of Supreme Court Rule 10.03(4).
Comment: Local Elected Officials in Wisconsin

OCCD
SC
09-18-2024
Notice of Appearance
Comment: Attorney Zylstra for Council Member Cassi Benedict, City Councilor Aaron Brewster, Mayor Mitchel Craig, Luke Diaz, City Councilor Larry Mboga, and Mayor Satya Rhodes-Conway

OCCD
SC
09-18-2024
Motion for Pro Hac Vice Admission
Filed By: Sarah Zylstra
Submit Date: 9-19-2024
Decision: (G) Grant
Decision Date: 9-19-2024
IT IS ORDERED that the motions for leave to file non-party briefs are granted, and the proposed briefs submitted with the motions are accepted as filed; and,
IT IS FURTHER ORDERED that the motion to admit Attorneys Rosenthal and Singh of the Public Rights Project, and also to admit Attorneys Landers, Shrieves, Dale, Ruthberg, and Beckwith of Proskauer Rose LLP, is granted. Attorneys appearing pro hac vice must satisfy the requirements of Supreme Court Rule 10.03(4).

OCCD
SC
09-18-2024
Motion to File Amicus/Non-Party Brief
Filed By: Tamar Kelber
Submit Date: 9-18-2024
Decision: (G) Grant
Decision Date: 9-19-2024
IT IS ORDERED that the motions for leave to file non-party briefs are granted, and the proposed briefs submitted with the motions are accepted as filed; and,
IT IS FURTHER ORDERED that the motion to admit Attorneys Rosenthal and Singh of the Public Rights Project, and also to admit Attorneys Landers, Shrieves, Dale, Ruthberg, and Beckwith of Proskauer Rose LLP, is granted. Attorneys appearing pro hac vice must satisfy the requirements of Supreme Court Rule 10.03(4).
Comment: Association of Prosecuting Attorneys

OCCD
SC
09-13-2024
Letter/Correspondence
Comment: Letter re Counsel of Record (Zylstra)

OCCD
SC
09-11-2024
Filed By: Diane Welsh
Comment: Christopher J. Ford, Kristin J. Lyerly and Jennifer J. McIntosh (Physicians)

OCCD
SC
09-11-2024
Filed By: Douglas Poland
Comment: Ismael R. Ozanne

OCCD
SC
09-11-2024
Filed By: Samuel Leib
Comment: John T. Chisholm

OCCD
SC
09-11-2024
Filed By: Hannah Jurss
Comment: Josh Kaul, Wisconsin Department of Safety and Professional Services, Wisconsin Medical Examining Board and Clarence P. Chou, MD

OCCD
SC
09-10-2024
Notice of Appearance
Comment: Attorney Pawlisch for Ismael Ozanne

OCCD
SC
08-15-2024
Notice of Appearance
Comment: Attorney Hipsman for Plaintiffs-Respondents

OCCD
SC
08-13-2024
Notice of Appearance
Comment: Attorney Pierson for Intervenors-Respondents

OCCD
SC
08-12-2024
First Brief-Supreme Court
Brief of Appellant
Filed By: Matthew Thome

OCCD
SC
07-17-2024
Notice of Appearance
Comment: Attorney Gibson for Plaintiffs-Respondents

OCCD
SC
07-02-2024
Court Changed to Supreme Court

OCCD
CA
07-02-2024
Hold Status

OCCD
CA
04-30-2024
Other Papers
Comment: Notice of Withdrawal (Murphy)

OCCD
SC
03-12-2024
Filed By: Luke Berg
Comment: Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin

OCCD
SC
03-12-2024
Notice of Appearance
Comment: Attorney Berg for Proposed Intervenors Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin

OCCD
SC
03-12-2024
Filed By: Luke Berg
Submit Date: 3-12-2024
Decision: (O) Other
Decision Date: 7-2-2024
IT IS ORDERED that defendant-appellant's petition to bypass is granted, the appeal is accepted for consideration in this court, and the defendant-appellant may not raise or argue issues not set forth in the petition to bypass unless otherwise ordered by the court; and
IT IS FURTHER ORDERED that District Attorneys Ismael R. Ozanne and John T. Chisolm shall be designated as defendants-respondents on appeal; and
IT IS FURTHER ORDERED that the State Plaintiffs' supplemental petition to bypass is denied, and the parties' briefs in this case should not address whether the Wisconsin Constitution contains a right to obtain a consensual medical abortion; and
IT IS FURTHER ORDERED that the Proposed Intervenors' conditional motion to intervene is denied, but their alternative motion for leave to file a non-party brief amici curiae in response to the supplemental petition to bypass is granted, and the proposed brief in response to the supplemental petition to bypass is accepted for filing and has been considered by the court; and
IT IS FURTHER ORDERED that, within 40 days of the date of this order, defendant-appellant must file a brief in this court, and within 30 days of filing all parties to the case wishing to respond must file separate response briefs. Each principal brief shall not exceed 70 pages if a monospaced font is used or 15,400 words if a proportional serif font is used. Within 10 days of filing of the response briefs, the defendant-appellant must file either a single reply brief or a statement that no reply brief will be filed. The reply brief shall not exceed 20 pages if a monospaced font is used or 4,400 words if a proportional serif font is used; and
IT IS FURTHER ORDERED that any non-party that wishes to file a non-party brief amicus curiae relating to the issues listed in the petition to bypass must file a motion for leave of the court to file a non-party
Comment: Conditional Motion to Intervene of Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin

OCCD
CA
02-26-2024
Notice of Appearance
Comment: Attorney Samuel J. Leib as Counsel for John T. Chisolm

OCCD
CA
02-22-2024
Notice of Appearance
Comment: Attorney Westerberg for Intervenors-Respondents

OCCD
CA
02-21-2024
Fee Paid
Comment: Invoice No: 20897; Receipt No: 24R 000437

OCCD
CA
02-21-2024
Invoice Issued
Comment: Invoice No: 20897; Petition to Bypass

OCCD
CA
02-20-2024
Other Papers
Comment: Notice of Withdrawal (Curtis)

OCCD
SC
02-20-2024
Order
IT IS ORDERED that unless within ten (10) days of the date of this order, the filing fee is received by the clerk of the supreme court, the action will be subject to dismissal under Rule 809.83.
Comment: 2-20-2024 Court Order

OCCD
SC
02-20-2024
Petition to Bypass
Filed By: Matthew Thome
Submit Date: 2-20-2024
Decision: (G) Grant
Decision Date: 7-2-2024
IT IS ORDERED that defendant-appellant's petition to bypass is granted, the appeal is accepted for consideration in this court, and the defendant-appellant may not raise or argue issues not set forth in the petition to bypass unless otherwise ordered by the court; and
IT IS FURTHER ORDERED that District Attorneys Ismael R. Ozanne and John T. Chisolm shall be designated as defendants-respondents on appeal; and
IT IS FURTHER ORDERED that the State Plaintiffs' supplemental petition to bypass is denied, and the parties' briefs in this case should not address whether the Wisconsin Constitution contains a right to obtain a consensual medical abortion; and
IT IS FURTHER ORDERED that the Proposed Intervenors' conditional motion to intervene is denied, but their alternative motion for leave to file a non-party brief amici curiae in response to the supplemental petition to bypass is granted, and the proposed brief in response to the supplemental petition to bypass is accepted for filing and has been considered by the court; and
IT IS FURTHER ORDERED that, within 40 days of the date of this order, defendant-appellant must file a brief in this court, and within 30 days of filing all parties to the case wishing to respond must file separate response briefs. Each principal brief shall not exceed 70 pages if a monospaced font is used or 15,400 words if a proportional serif font is used. Within 10 days of filing of the response briefs, the defendant-appellant must file either a single reply brief or a statement that no reply brief will be filed. The reply brief shall not exceed 20 pages if a monospaced font is used or 4,400 words if a proportional serif font is used; and
IT IS FURTHER ORDERED that any non-party that wishes to file a non-party brief amicus curiae relating to the issues listed in the petition to bypass must file a motion for leave of the court to file a

OCCD
CA
02-20-2024
Motion to Extend Time
Filed By: Matthew Thome
Submit Date: 2-20-2024
Decision: (G) Grant
Decision Date: 2-22-2024
IT IS ORDERED that the motion to stay briefing is granted. In the event that the Wisconsin Supreme Court denies the appellants petition to bypass, the appellant's brief will be due fourteen days after the date of denial.
IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Aaron Douglas Birnbaum, Brenden M. Leib, Carly Gerads and Clementine Uwabera shall either opt in to participate in the Court of Appeals electronic filing system for this case or provide this court with an explanation for not doing so. See WIS. STAT. RULE 809.801.
See BAP event due on 2-27-2024

OCCD
CA
02-02-2024
Other Papers
Comment: Notice of Withdrawal of Attorney Leslie A. Freehill

OCCD
CA
01-18-2024
Record
Comment: ELECTRONICALLY FILED

OCCD
CA
12-29-2023
Statement on Transcript
Filed By: Matthew Thome
Status: Prev. Filed

OCCD
CA
12-20-2023
Fee Paid
Comment: Receipt No: 23R 003140

OCCD
CA
12-20-2023
Notice of Docketing of Appeal

OCCD
CA
12-20-2023
Transfer to District II

OCCD
CA
12-20-2023
Transfer District Designation
Comment: District II

OCCD
CA
12-20-2023
Letter/Correspondence
Comment: Letter to Clerk re Appeal Venue

OCCD
CA
12-20-2023
Other Papers
Comment: Copy of Circuit Court Docket

OCCD
CA
12-20-2023
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
12-20-2023
Docketing Statement from Appellant

OCCD
CA
12-19-2023
Notice of Appeal filed in Circuit Court

OCCD
CA
12-05-2023
Order of Circuit Court