[HISTORY: Adopted by the Common Council of the City of Brodhead
as §§ 2-3-12 and 2-3-13 of the 1997 Code. Amendments
noted where applicable.]
A.
Established. Pursuant to the authority granted by Ch. 755, Wis. Stats.,
there is hereby established a Municipal Court for the City of Brodhead.
B.
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 Brodhead. Midterm vacancies
in the office of Municipal Judge shall be filled as prescribed by
the Wisconsin Statutes.
C.
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 5-9-2011[1]]
D.
Salary. The salary of the Municipal Judge may be increased for a
new term prior to the beginning of the term for the Judge, or for
the third and fourth years of a term before the start of the third
year of the term of 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.[2]
E.
Bond; oath. The Municipal Judge shall execute and file with the Clerk
of the Circuit Court for Green or Rock County the oath prescribed
by § 755.03, Wis. Stats., and an official bond in such an
amount of $1,000.[3]
F.
Jurisdiction. 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.
G.
Procedure in Municipal Court.
(1)
The Municipal Judge shall keep his/her office and hold court in the
Brodhead City Hall.
(2)
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.
(3)
Upon the proper and timely written request for substitution of the
Municipal Judge, the provisions of § 800.05, Wis. Stats.,
shall apply.
(4)
The procedure in Municipal Court for the City shall be as provided
by this section and state law, including, without limitation because
of enumeration, Chs. 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.
H.
Fees.
(1)
Bonds for appearance, partial payments, and other funds collected
by the Court shall be treated as escrow funds and deposited with the
City Clerk-Treasurer.
(2)
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 City Clerk-Treasurer not later than the 30th business
day succeeding his/her receipt thereof. At the time of payment, the
Municipal Court Clerk shall report to the City Clerk-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 Clerk-Treasurer shall disburse the fees
as provided in § 814.65, Wis. Stats., and disburse any penalty
assessments pursuant to § 66.12(1)(b), Wis. Stats.[4]
I.
Council may abolish Municipal Court. 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.
J.
Statutes adopted by reference. Chapters 755 and 800, Wis. Stats.,
are hereby adopted by reference.
L.
Stipulations and deposits in Municipal Court.
(1)
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.
(2)
Persons cited for violations of City ordinances, resolutions or bylaws
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 by state law.
A.
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 of the Municipal Court shall hold office
for a four-year term of office, running concurrently with the Municipal
Judge's term of office. The Clerk shall, before entering upon
the duties of his/her office, take the oath provided by § 19.01,
Wis. Stats., and give such bond as the Common Council may require.
The oath and bond of the Clerk of Municipal Court shall be filed with
the Clerk-Treasurer. The cost of such bond shall be paid by the City.[1]
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)
Communicate with law officers, attorneys, and defendants regarding
court proceedings;
(6)
Balance dockets at the conclusion of court proceedings;
(7)
Prepare and mail warrants and summons;
(8)
Prepare monthly report of financial activities;
(9)
Assist in the collection of traffic bonds;
(10)
Prepare necessary communications for jury trials and transfers to
Circuit Court;
(11)
Perform such other duties specified in the Wisconsin Statutes as
may hereafter be prescribed by the Common Council.
