[HISTORY: Adopted by the Town Board of the
Town of Trenton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-7-1989 as Title 2, Ch. 11 of the 1989 Code]
There is created and established a Municipal
Court, to be designated as the "Mid-Moraine Municipal Court," under
the provisions of Ch. 755, Wis. Stats., and pursuant to the Agreement
for the Operation of the Municipal Court for Washington County, as
amended ("Agreement"), a copy of which is on file with the Town Clerk.
The Municipal Court shall be under the jurisdiction
of and presided over by a Municipal Judge, who shall be an attorney
licensed to practice law in Wisconsin and who resides in any of the
member municipalities as defined in the Agreement. The Municipal Judge
shall be elected at large in the spring election for a term of two
years commencing on May 1 of the year of his/her election. The governing
bodies of the member municipalities shall provide for a primary election
in the event that more than two candidates file nomination papers
for the position of Municipal Judge.
The amount of the bond required by § 755.03(1),
Wis. Stats., shall be as shown on the schedule of deposits, bonds
and fees.[1]
[1]
Editor's Note: The current schedule is on
file at the Town Clerk's office.
The Municipal Court shall be open at such times
as the Municipal Judge determines, subject to the Agreement.
The Municipal Judge may impose a forfeiture
for contempt of court and a jail sentence for nonpayment of the forfeiture
and any applicable assessments, under § 800.12(2), Wis.
Stats.
This article shall be construed to limit neither
the jurisdiction of the Municipal Court nor the authority of the Municipal
Court to impose penalties under the Wisconsin Statutes.
[Adopted 1-19-2010 by Ord. No. 01-01-2010]
This article is adopted pursuant to the provisions of Wis. Stats.
§§ 814.70, 814.705, and 814.71.
On November 18, 2009, the Attorney General for the State of
Wisconsin rendered an opinion, identified as OAG 8-09, that a municipal
plaintiff is allowed to tax costs against the defendant in Municipal
Court for actual service or execution by its municipal personnel of
each warrant or commitment order issued by its Municipal Court in
a legal action. The purpose of this article is to implement the authority
recognized by the Wisconsin Statutes and the Attorney General.
A.
Service
fees. Pursuant to the provisions of Wis. Stats. §§ 814.70,
814.705 and 814.71, the Town of Trenton Police Department shall charge
a service fee of $35 when the Town police serve a warrant or commitment
order upon a person. The person served with the warrant or commitment
order shall be responsible for the payment of the warrant or commitment
order service fee. The service fee may be collected as a Court cost
through the Court.
B.
Multiple
warrants. The Town of Trenton Police Department shall charge a separate
fee for each warrant or commitment order served on a person.
C.
Disposition
of fees. Upon collection by the Court, all warrant or commitment order
service fees shall be forwarded by the Court to the Town Treasurer.
