[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds 4-13-2011 by Ord. No. A-212 (Ch. 7 of the 2001 Village
Code). Amendments noted where applicable.]
Pursuant to the authority granted by Wis. Stats., § 755.01
and Ch. 755, there is hereby established the Municipal Court for the
Village of Blue Mounds, Wisconsin.
Pursuant to the authority granted by Wis. Stats., § 755.01,
there is hereby created the office of Judge of the Municipal Court
for the Village of Blue Mounds, Wisconsin. The Municipal Judge shall
reside in the Village of Blue Mounds.
A.
Term. The Municipal Judge shall be elected at large in the spring
election in odd-numbered years for a term of four years commencing
May 1, 2011 and every May 1 succeeding his or her election or until
a successor is elected and qualified. Midterm vacancies in the office
of Municipal Judge shall be filled by appointment pursuant to Wis.
Stats., § 8.50(4)(fm).
B.
Nominations. All candidates for the position of Municipal Judge shall
be nominated by nomination papers pursuant to Wis. Stats., §§ 8.05(4)
and 8.10, as may be amended. In the event that more than two individuals
are nominated for the office of Municipal Court Judge, a nonpartisan
primary shall be held pursuant to Wis. Stats., § 8.05(4)-(5),
as may be amended. The Village Clerk/Treasurer shall ensure that the
Village complies with all applicable nomination and election laws
including but not limited to Wis. Stats., §§ 5.58(1)(c),
5.60(1)-(2), 7.10(1)(a), and 8.10(6)(bm), as may be amended, and properly
provides for the election of Municipal Judge pursuant to Wis. Stats.,
Ch. 755, as may be amended.
The Village may conduct a formal review of the Municipal Court
during the first year of operation and no less than every two years
thereafter. The Municipal Judge shall provide regular monthly status
reports to the Board.
The Municipal Judge shall receive a salary based on a per court session. The court per session salary and administrative costs associated with such will be paid by the Village. No salary shall be paid to the Judge for any time during his/her term for which he/she has not executed and filed his/her official bond and oath as required by § 15-6 of this chapter.
Within 10 days after taking the oath prescribed by Wis. Stats.,
§ 755.03, the Municipal Judge shall file with the Village
Clerk/Treasurer the oath and a bond in the penal sum of $500, and
shall file a certified copy of the oath with the Office of Director
of State Courts.
The Municipal Judge shall have such jurisdiction as provided
by law and Wis. Stats., §§ 755.045 and 755.05, and
exclusive jurisdiction of violations of the Village's ordinances.
A.
The Municipal Court shall be open daily or as determined by the Judge
and approved by the Village Board.
B.
The Municipal Judge shall keep his/her office and hold court in the
municipal building or at such other place as the Village Board may
designate. The facility must be adequate for these purposes and in
an area separate from the police department by design or signage.
C.
The procedure in Municipal Court shall be as provided by this chapter
and state law including, but not excluding because of enumeration,
Wis. Stats., Chs. 66, 345, 755, 800, and 814.
D.
The Municipal Judge shall collect all forfeitures, fees, penalty
assessments and costs in any action or proceeding before him/her and
shall pay over such moneys to the Village Clerk/Treasurer not later
than 30 days succeeding receipt thereof by the court.
E.
Contempt of court and penalty. As provided in Wis. Stats., § 800.12(2),
the Municipal Judge may impose a sanction for contempt of court, as
defined in and in accordance with the procedures under Wis. Stats.,
§ 800.12.
F.
The Municipal Judge may impose a forfeiture for contempt under Wis.
Stats., § 800.12(1), in an amount not to exceed $200, or
upon nonpayment of the forfeiture, and penalty assessment, and jail
assessment under Wis. Stats., § 302.46, and crime laboratories
and drug law enforcement assessment under Wis. Stats., § 165.755,
any applicable consumer information assessment under Wis. Stats.,
§ 100.261, and any applicable domestic abuse assessment
under Wis. Stats., § 973.055(1), a jail sentence not to
exceed seven days.[1]
The court established pursuant to this chapter shall not be
abolished during a Municipal Judge's term, but may be abolished
effective at the conclusion of a Municipal Judge's term by ordinance.
If such ordinance is adopted, the Municipal Court shall have no jurisdiction
to undertake new Municipal Court matters at the conclusion of the
Municipal Judge's term.
