[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.
A.
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.
B.
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.
C.
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.[1]
D.
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.
A.
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.
B.
The Municipal Court shall be open as determined by the Municipal
Judge.
C.
The Municipal Judge shall keep his/her office and hold court in the
Municipal Building.
D.
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.
E.
Upon the proper and timely written request for substitution of the
Municipal Judge, the provisions of § 800.05, Wis. Stats.,
shall apply.
F.
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.
[Amended 6-15-2015 by Ord. No. 2015-02]
A.
Bonds for appearance, partial payments and other funds collected
by the Court shall be treated as escrow funds and deposited with the
Village Treasurer.
[Amended 12-16-2019 by Ord. No. 2019-18]
B.
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 Treasurer within 30 days after receipt
by the Municipal Court. At the time of payment, the Municipal Court
Clerk shall report to the Village Treasurer the title of
the action and the total amount of the forfeiture, fees, penalty assessments
and costs, if any. The Village 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.[1]
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
C.
Pursuant to § 814.65, Wis. Stats., the fee for court costs
in a Municipal Court action shall be set by the Village Board.
[Amended 12-16-2013 by Ord. No. 2013-11; 6-15-2015 by Ord. No. 2015-02]
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.
A.
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.[1]
B.
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.[2]
C.
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.
A.
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.[1]
B.
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.
C.
This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
A.
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.
The cost of such bond shall be paid by the Village.
[Amended 12-16-2019 by Ord. No. 2019-18]
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 as may be required by the Municipal
Judge and Village Board.
(12)
Retain records related to the disposition made of the case,
the amount of fine and costs paid and to whom paid and bond posted.
[Added 6-15-2015 by Ord.
No. 2015-02]
