[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Secs. 2-3-11 and 2-3-12 of the 1988 Code. Amendments
noted where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there
is hereby established a Municipal Court for the Village of Kimberly.
A.
Office of Municipal Judge created. Pursuant to the authority granted
by Ch. 755, Wis. Stats., there is hereby created the office of Municipal
Judge for the Municipal Court for the Village of Kimberly.
B.
Election; term. The Municipal Judge shall be elected at large for
a term of four years commencing on May 1 succeeding the election.
The Municipal Judge shall be subject to the Wisconsin Code of Judicial
Ethics and shall file an annual financial statement.
[Amended 10-18-2010 by Ord. No. 10-2010[1]]
C.
Salary. The salary may be increased by the governing body before
the start of the second or a subsequent year of service of the term
of the Judge, but shall not be decreased during a term. Salaries may
be paid annually or in equal installments, as determined by the Village
Board, but no Judge may be paid a salary for that portion of any term
during which portion the Judge has not executed the official bond
or official oath as required by § 755.03, Wis. Stats., and
filed under § 19.01(4)(c), Wis. Stats., as amended.[2]
D.
Bond; oath. The Municipal Judge shall execute and file with the Clerk
of the Circuit Court for Outagamie County the oath prescribed by § 755.03,
Wis. Stats., and an official bond in such an amount as shall be fixed
by the Village Board.
A.
The procedure in Municipal Court for the Village of Kimberly shall be as provided in this section and state law, including, but not by way of limitation, Chs. 62, 66, 755 and 800, Wis. Stats. The jurisdiction of the Municipal Judge is limited to misdemeanors. This includes traffic offenses and Village ordinance violations. The Municipal Court is authorized to impose forfeitures, court costs, state penalty assessments and miscellaneous fees related to the cost of prosecution. The Municipal Judge shall have jurisdiction as is provided in § 755.045, Wis. Stats.
B.
The Municipal Court shall be open as determined by the Municipal
Judge. The first Court session of each month shall be for pretrials
and arraignments and the second Court session of each month shall
be for trials.
C.
The Municipal Judge shall keep his/her office and hold Court in the
Municipal Complex.
D.
If the Municipal Judge is temporarily absent, sick or disabled, the
provisions of § 800.06(1), Wis. Stats., shall apply, and
if the Municipal Judge becomes incompetent, unable or fails to act,
or in the event of a vacancy, the provisions of § 800.06(2),
Wis. Stats., shall apply. Any substitute Municipal Judge designated
or assigned hereunder shall be compensated as authorized by the Village
Board. The Municipal Judge shall satisfy all continuing education
requirements for municipal judges.
E.
Upon the proper and timely written request for substitution of the
Municipal Judge, the provisions of § 800.05, Wis. Stats.,
shall apply.
F.
The procedures of the Municipal Court shall be in accord with the
applicable Wisconsin Statutes and Village ordinances. The Court shall
abide by the Wisconsin Rules of Evidence and shall abide by the Uniform
State Traffic Deposit Schedule. In non-traffic matters, the Chief
of Police shall draft a bond schedule, which shall become effective
upon approval by the Village Board. No bond shall exceed the maximum
penalty which could be imposed for the ordinance violation.
A.
Bonds for appearance, partial payments and other funds collected
by the Court shall be treated as escrow funds and deposited with the
Village Administrator.
B.
The Clerk of the Municipal Court shall collect all forfeitures and
costs in any action or proceeding before him/her and shall pay over
such moneys to the Village Administrator within 30 days after receipt
of the money by the Municipal Court. At the time of payment, the Municipal
Court Clerk shall report to the Village Administrator the title of
the action, the offense for which the forfeiture was imposed and the
total amount of the forfeiture, fees, penalty assessments and costs,
if any. The Village Administrator shall disburse the fees as provided
in § 814.65, Wis. Stats., and disburse any penalty assessments
pursuant to § 66.0114(1)(b), Wis. Stats.[1]
The Village Board may, by ordinance or by law, abolish the Municipal
Court at the end of any term for which the Judge has been elected.
Chapters 755 and 800, Wis. Stats., are hereby adopted by reference.
The procedure for contempt of court shall be as prescribed in
§ 800.12, Wis. Stats.
A.
Appointment. The Municipal Judge shall, in writing, appoint a Clerk
of the Municipal Court. The Clerk's salary shall be fixed by
the Village Board. The Clerk of the Municipal Court shall hold office
for an indefinite term of office. The Clerk shall, before entering
upon the duties of the office, take the oath provided by § 19.01,
Wis. Stats., and give such bond as the Board may require. The oath
and bond of the Clerk of the Municipal Court shall be filed with the
Village Administrator. The cost of such bond shall be paid by the
Village.
B.
Duties. The Court Clerk shall:
(1)
File and review citations and complaints, assuring their correctness.
(2)
Reply to departmental mail concerning routine matters as prescribed
by the Municipal Judge.
(3)
Assign docket numbers to citations and complaints, type the docket
sheets and gather all material pertinent to cases.
(4)
Determine and schedule Court dates and facilities.
(5)
Arrange for juvenile cases to be heard away from regular Court.
(6)
Communicate with law officers, attorneys and defendants regarding
Court proceedings.
(7)
Balance dockets at the conclusion of Court proceedings.
(8)
Prepare and mail warrants and summons.
(9)
Prepare monthly report of financial activities.
(10)
Assist in the collection of traffic bonds.
(11)
Prepare necessary communications for jury trials and transfers to
Circuit Court.
(12)
Perform such other duties as may be required by the Municipal Judge
and Village Board.
