[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as §§ 2-3-11 and 2-3-12 of the 2000 Code. Amendments noted where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby established a Municipal Court for the Village of East Troy.
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 Village of East Troy.
Election; term. The Municipal Judge shall be elected at large at the spring election 2012 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.
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 second or a subsequent year of a term before the start of that year during the term, 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 Village Board, 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.
Bond; oath. The Municipal Judge shall execute and file with the Clerk of the Circuit Court for Walworth County the oath prescribed by § 755.03, Wis. Stats., and an official bond in such an amount as shall be fixed by the Village Board.
The procedure in Municipal Court for the Village of East Troy shall be as provided in this chapter and state law, including, but not by way of limitation, Chs. 62, 66, 755 and 800, Wis. Stats.
The Municipal Court shall be open as determined by the Municipal Judge.
The Municipal Judge shall keep his/her office and hold court in the Municipal Building.
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 Village Board. 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 procedures of the Municipal Court shall be in accord with the applicable Wisconsin Statutes and Village ordinances. 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 Village Board. 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 Village Clerk-Treasurer.
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 Village Clerk-Treasurer within 30 days after receipt by the Municipal Court. At the time of payment, the Municipal Court Clerk shall report to the Village Clerk-Treasurer the title of the action and the total amount of the forfeiture, fees, penalty assessments and costs, if any. The Village Clerk-Treasurer shall disburse the fees as provided in § 814.65, Wis. Stats., and disburse any penalty assessments pursuant to § 66.0114(1)(b), Wis. Stats.
The Village Board 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.
The Municipal Judge may punish for contempt of court in accordance with § 800.12, Wis. Stats.
Deposit schedule to be established. The Municipal Judge shall establish and submit to the Village Board for approval a schedule of deposits for violations of this Code of Ordinances, Village resolutions and bylaws, except traffic regulations, which are governed by § 345.27, Wis. Stats., and boating violations governed by § 23.67, Wis. Stats. When approved by the Board, such deposit schedule shall be posted in the office of the Municipal Court Clerk and the Village Police Department.
Stipulation and deposit in lieu of court appearance. Persons cited for violations of this Code of Ordinances, Village 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 in §§ 800.035 and 800.09, Wis. Stats.
Traffic and boating deposits. 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., and boating regulations enacted in accordance with § 30.77, Wis. Stats.
For a juvenile adjudged to have violated an ordinance, the Municipal Court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes.
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the Court under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
This section is enacted under the authority of § 938.17(2)(cm), 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 Village Board. The Clerk of the Municipal Court shall hold office for an indefinite 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 Board may require. The oath and bond of the Clerk of the Municipal Court shall be filed with the Village Clerk-Treasurer. The cost of such bond shall be paid by the Village.
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 as may be required by the Municipal Judge and Village Board.