[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 1-3-2000 by Ord. No. 01-00. Amendments noted where
applicable.]
The Joint Municipal Court for the City of De
Pere and the Town of Ledgeview, created by Chapter 755 of the Wisconsin
Statutes, is hereby established and shall become operative and functional
on the effective date of this chapter.
The Joint Municipal Court and the Municipal
Judge shall have jurisdiction as provided in §§ 755.045
and 755.05, Wis. Stats., and as otherwise provided by Wisconsin law.
The Joint Municipal Court shall be presided
over by a Municipal Judge.
A.
Election; term; vacancy; substitution. The Municipal
Judge shall be elected by the electors of the City and the Town at
the spring election in even-numbered years for a term of four years,
commencing on May 1 succeeding the election, as provided by § 755.02,
Wis. Stats. The Municipal Judge shall be subject to the Wisconsin
Code of Judicial Ethics and shall file an annual financial statement.
The Municipal Judge shall serve until a successor is elected and qualifies.
Midterm vacancies in the office of Municipal Judge shall be filled
by appointment, as agreed upon by the City Council and the Town Board,
pursuant to § 8.50(4)(fm), Wis. Stats.
[Amended 12-3-2001; 7-5-2011 by Ord. No. 2011-005]
(1)
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 determined by contract between the
City, Town, and Municipal Judge, pursuant to §§ 755.04
and 800.065(3), Wis. Stats. The Municipal Judge may not serve until
the contract is entered into, and no Municipal Judge may be compensated
for any time during the term which the Municipal Judge has not executed
and filed his or her official bond and official oath, as required
by § 755.03, Wis. Stats. The Municipal Judge shall satisfy
all continuing education requirements for Municipal Judges.
(2)
Upon
the proper and timely written request for substitution or disqualification
of the Municipal Judge, the provisions of § 800.05, Wis.
Stats., shall apply.
B.
Salary. The Municipal Judge shall receive a salary paid by the City, which shall be in lieu of fees and costs. No salary shall be paid to the Municipal Judge for any time during the term for which the official bond and oath have not been executed and filed, as required by Subsection C of this section.
C.
Bond; oath. The Municipal Judge shall execute and
file with the Clerk of Courts for Brown County the oath prescribed
by § 757.02, Wis. Stats., and a bond. The Municipal Judge
shall not be qualified to act until a certified copy of the bond is
filed with the City and Town Clerks and a certified copy of the oath
is filed with the Office of the State Administrator of Courts, as
required by § 755.03, Wis. Stats. The City of De Pere and
the Town of Ledgeview shall pay the cost of the bond.
[Amended 7-5-2011 by Ord. No. 2011-005]
D.
Sessions. The Joint Municipal Court shall be open
on the days and hours set by the Municipal Judge and approved by the
City Council and Town Board.
[Amended 7-5-2011 by Ord. No. 2011-005]
[Amended 7-5-2011 by Ord. No. 2011-005]
A.
Courtroom
facility. The Municipal Judge shall keep an office and hold court
in the City Hall of the City of De Pere and shall be located in an
area separate from the Police Department by design or signage, as
required by § 755.17(2), Wis. Stats.
B.
Municipal
Judge's attire. The Municipal Judge shall wear a black robe while
presiding in court, as required by § 755.17(1), Wis. Stats.
C.
Clerk of
Court's attire. The Municipal Court Clerk shall be attired in appropriate
clothing and may not, while performing court functions, wear anything
that implies or indicates that he or she is a law enforcement officer,
as required by § 755.17(1m), Wis Stats.
D.
Location
of personnel. All personnel employed by the Joint Municipal Court
shall be located in an area separate and distinct from the Police
Department by design or signage, as required by § 755.17(3),
Wis. Stats.
E.
Telephone
number. The Joint Municipal Court shall have a telephone number or
extension separate from any other governmental department, as required
by § 755.17(4), Wis Stats.
The procedure in the Joint Municipal Court shall
be as provided by this section and state law, including, without limitation
because of enumeration, Chs. 800 and 755 and §§ 23.50
to 23.85, 345.11, 345.20 to 345.53 and 972.11(3m), Wis. Stats.
[Amended 7-5-2011 by Ord. No. 2011-005]
The Municipal Judge may impose punishment and forfeitures provided
under Wisconsin law and as provided in the ordinances of the City
and the Town. No bond shall exceed the maximum penalty established
by the City Council and Town Board for the offense, plus costs, fees,
and surcharges imposed under Ch. 814, Wis. Stats. The Municipal Judge
shall collect all forfeitures, penalty assessments, jail assessments,
surcharges, court costs, fees and taxable costs in any action or proceeding
before the Joint Municipal Court and shall pay over the amounts collected
to the City Clerk within 30 days after receipt. At such time, the
Municipal Judge also shall report to the City Clerk the title of the
action, the offense for which the forfeiture was imposed and the total
amount of the forfeitures, assessment, fees and costs.
[Amended 7-5-2011 by Ord. No. 2011-005]
A.
The Municipal Judge may, pursuant to § 800.12(1), Wis.
Stats., punish for contempt of the Joint Municipal Court for any such
persons guilty of any of the following acts:
B.
These penalties shall be imposed immediately after the contempt of
Court has occurred and only under the following conditions pursuant
to § 800.12(3),Wis. Stats.:
C.
The Municipal Judge may impose a forfeiture in an amount not to exceed
$200 for a contempt of Court.
(1)
For a contempt of Court described in § 22-7A(1), the Municipal Judge may impose imprisonment in the county jail for not more than seven days and impose a forfeiture, as provided under § 800.12(3), Wis. Stats.
A.
Town deposit schedule to be established. The Municipal
Judge shall establish and submit to the Town Board for approval by
resolution a schedule of deposits for violations of Town ordinances,
except traffic regulations, which are governed by §§ 345.26
and 800.037, Wis. Stats.
[Amended 7-5-2011 by Ord. No. 2011-005]
B.
Stipulation and deposit in lieu of court appearance.
Persons cited for violations of City or Town ordinances for which
a deposit has been established under this subsection shall be permitted
to make a stipulation of no contest and a deposit in lieu of court
appearance as provided in §§ 800.035, 800.037 and 800.09,
Wis. Stats.
[Amended 7-5-2011 by Ord. No. 2011-005]
C.
Traffic and all-terrain vehicle deposits. The deposit
schedule established by the Wisconsin Judicial Conference and the
procedures set forth in Chapters 23 and 345 of the Wisconsin Statutes
shall apply to stipulation and deposits for violations of traffic
regulations enacted in accordance with § 345.26, Wis. Stats.,
and all-terrain vehicle regulations enacted in accordance with § 23.33,
Wis. Stats.
The City Council and the Town Board shall enter
into an agreement to share the costs of maintaining the Joint Municipal
Court.
