[HISTORY: Adopted by the Common Council of the City of Prescott as Secs. 2-3-13 and 2-3-14 of the former City Code. Amendments noted where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby established a Municipal Court for the City of Prescott.
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 City of Prescott. Mid-term vacancies in the office of Municipal Judge shall be filled by special election to be held not less than 55 nor more than 70 days after the order of the Council therefor.
Election; term. The Municipal Judge shall be elected at large at the spring election on the even-numbered years 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 8-9-2010 by Ord. No. 09-10]
Salary. The salary of the Municipal Judge may be increased for a new term prior to the beginning of the term for the Judge, but the salary shall not be decreased during the term of the Judge. Salaries may be paid annually or in equal installments as determined by the Common Council, 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. The salary shall be as established by the Common Council.
Bond; oath. The Municipal Judge shall execute and file with the Clerk of the Circuit Court for Pierce County the oath prescribed by § 755.03, Wis. Stats., and an official bond in such an amount of $1,000.
The Municipal Judge shall have jurisdiction as provided by law and § 755.045, Wis. Stats., and exclusive jurisdiction of violations of City ordinances and resolutions.
The Municipal Judge shall keep his/her office and hold court in the Prescott City Hall.
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 Common Council. The Municipal Judge shall satisfy all continuing education requirements for municipal judges.
Upon the proper and timely written request for substitution of the Municipal Judge, the provisions of § 800.05, Wis. Stats., shall apply.
The procedure in Municipal Court for the City shall be as provided by this section and state law, including, without limitation because of enumeration, Chapters 755 and 800 and §§ 23.66 to 23.99, 778.14, 778.15, 778.18 and 345.20 to 345.53, Wis. Stats. The Court shall abide by the Wisconsin Rules of Evidence and shall abide by the Uniform State Traffic Deposit Schedule. In nontraffic matters, the Municipal Judge shall draft a bond schedule, which shall become effective upon approval by the Common Council. No bond shall exceed the maximum penalty which could be imposed for the ordinance violation.
Bonds for appearance, partial payments, and other funds collected by the Court shall be treated as escrow funds and deposited with the City Treasurer.
The Clerk of the Municipal Court shall collect all forfeitures and costs in any action or proceeding before him and shall pay over such moneys to the City Treasurer 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 City Treasurer 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 City Treasurer shall disburse the fees as provided in § 814.65, Wis. Stats., and disburse any penalty assessments pursuant to § 66.0114, Wis. Stats.
The Common Council 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.
Section 800.12, Municipal court contempt procedure, Wis. Stats., is hereby adopted by reference.
The Municipal Judge shall establish and submit to the Council for approval a schedule of deposits for violations of City ordinances, resolutions and bylaws, except traffic regulations, which are governed by § 345.27, Wis. Stats. When approved by the Council, such deposit schedule shall be posted in the office of the Municipal Court Clerk and the City Police Department.
Persons cited for violations of City ordinances, resolutions or bylaws for which a deposit has been established under this section shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided by state law.
The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with § 345.27, Wis. Stats.
Appointment. The Municipal Judge shall, in writing, appoint a Clerk of the Municipal Court. The Clerk's salary shall be fixed by the Common Council. The Clerk shall, before entering upon the duties of his office, take the oath provided by § 19.01, Wis. Stats. The oath of the Clerk of Municipal Court shall be filed with the Clerk.
[Amended 1-9-2012 by Ord. No. 20-11]
Duties. The Court Clerk shall:
File and review citations and complaints, assuring their correctness;
Reply to departmental mail concerning routine matters as prescribed by the Municipal Judge;
Assign docket numbers to citations and complaints, type the docket sheets, and gather all material pertinent to cases;
Determine and schedule court dates and facilities;
Communicate with law officers, attorneys, and defendants regarding court proceedings;
Balance dockets at the conclusion of court proceedings;
Prepare and mail warrants and summons;
Prepare monthly report of financial activities;
Assist in the collection of traffic bonds;
Prepare necessary communications for jury trials and transfers to circuit court;
Perform such other duties specified in the Wisconsin Statutes as may hereafter be prescribed by the Common Council.