Billionaire Curt Johnson's trial on child sex assault charges does not yet have a start date.

The circuit court is waiting for the state Supreme Court to decided whether or not the justices will hear arguments about the alleged victim to uphold her claim to privacy and not turn over her medical records.

This is the third status conference to see if Johnson's case gets on the high court's calendar. Judge Eugene Gasiorkiewicz said Friday there is Sept. 14 calendar meeting for the justices but calls to the clerk in Madison did not reveal if Johnson's case is being considered.

"I've heard nothing for 'yay' or 'nay,'" the judge told attorneys.

Robert Repischak appeared for the state while defense attorney Michael Hart appeared in person, and Richard Hall, one of Johnson's defense attorneys, appeared via telephone. Johnson was not required to be present.

"This is unfortunate as we may be in a holding pattern until the Supreme Court decides to hear the case or not," Gasiorkiewicz added.

While Gasiorkiewicz has officially moved over to probate court on the 4th floor of the Racine County Courthouse, he will continue to preside over certain criminal cases that were underway before the move.

The next status conference is set for Oct. 15 at 1:15 p.m. Johnson again has been excused.

The case against Johnson was to have gone to trial April 23, but Gasiorkiewicz granted the state's request for a continuance because of trouble securing witnesses. Later that same day, the Court of Appeals issued a stay

Johnson was charged on March 24, 2011 with first-degree sexual assault of the same child for having inappropriate contact with a young girl several times over a number of years. Since then, he pleaded not guilty and was released on $500,000 bail.

One of the billionaire heirs of the SC Johnson family, Johnson ran Diversey, Inc. until Feb. 2010. At that time, he stepped down citing personal problems, and his sister, Helen Johnson-Leopold, took the reins. If convicted, Johnson faces up to 40 years in prison.