[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer 10-19-2015.
Amendments noted where applicable.]
The City of Marshfield (City) and the Village of Spencer (Village), Marathon and Wood County, Wisconsin, acting pursuant to § 61.34(1), Wis. Stats., are hereby authorized to and do establish a joint Municipal Court, as described in § 27-4, below.
The purpose of this chapter shall be to promote the general
health, safety, and welfare and to maintain required local uniformity
of the enforcement of the participating City and Village.
The scope of this chapter includes enforcement of all ordinances
adopted by the participating City and Village which ordinances are
in effect as of the effective date of this chapter, together with
all such ordinances adopted hereinafter and during the existence of
the described Municipal Court.
Pursuant to the authority granted by Ch. 755, Wis. Stats., there
is hereby created and established a Municipal Court for the joint
exercise of the power granted to the City of Marshfield and Village
of Spencer under § 755.01(1), Wis. Stats., to be designated
as the "Marshfield Area Municipal Court," said court to become operative
upon the date of the enactment of identical ordinances and ratification
of an operating agreement by each affected municipality. For purposes
of this requirement, the term "identical ordinances" shall refer to
ordinances which contain the same, exact substantive terms and conditions;
nonetheless, it shall not be required that each municipality number
or otherwise include this chapter within its respective code of ordinances
using the same, exact nomenclature.
A.
Office created. Pursuant to § 755.01, Wis. Stats., there
is created the office of Municipal Judge for the City and Village.
The Municipal Judge shall be a resident of the City of Marshfield
or Village of Spencer.
B.
Oath and bond. The Judge shall, after election or appointment to
fill a vacancy, take the official oath as prescribed in § 757.02(1),
Wis. Stats., and file such oath with the City Clerk for the City of
Marshfield. At the same time, the Judge shall execute and file an
indemnity bond with the City Clerk for the City of Marshfield in an
amount of $5,000. The Judge shall not act until the oath and bond
have been filed as required by § 19.01(4)(c), Wis. Stats.,
and the requirements of § 755.03(2) have been complied with.
C.
Salary. The salary of the Municipal Judge shall be set by resolution
of the City Council of the City of Marshfield and shall be in lieu
of fees and costs. No salary shall be paid for any time during the
term during which such Judge has not executed the official bond or
official oath. The salary may be increased by resolution of the Marshfield
City Council before the start of the second or subsequent year of
service of the term of the Judge, but shall not be decreased during
the term.
D.
Election term. The Municipal Judge shall be elected at large at the
spring election in odd-numbered years for a term of four years commencing
on May 1 next succeeding his or her election.
E.
Jurisdiction. The Municipal Court Judge shall have jurisdiction as
provided by law and § 755.045, Wis. Stats., and exclusive
jurisdiction of violations of City of Marshfield and Village of Spencer
ordinances, resolutions, and bylaws.
A.
Hours. The Municipal Court shall be open on the days and hours established
by the Municipal Court Judge subject to the approval of City Council
and Village Board.
B.
Employees. The Municipal Judge shall appoint, in writing, such clerks
and deputy clerks as are authorized by the City Council and Village
Board. The compensation of any employees of the court shall be set
by the City Council. The City Council shall also determine the fringe
benefits to be provided and the hours of service.
C.
Location. The Municipal Judge shall keep his office and hold court
sessions in the Marshfield City Hall or at a location as determined
by the City of Marshfield Common Council.
The Municipal Judge shall collect all forfeitures, taxable costs,
and assessments in any action or proceeding, shall pay over such moneys
to the City of Marshfield Finance Director within seven days of receipt.
At such time, the Municipal Court shall report to the City of Marshfield
Finance Director the title, nature of offenses, and amount of judgments
imposed in actions and proceedings in which such monies were collected
in accordance with Wis. Stats. § 800.10(2). Should the Judge
at any time fail to so report and deposit, his or her salary shall
be suspended until such reports and deposits are made current.
A.
The Municipal Judge may punish for contempt of Municipal Court persons
guilty of any of the following acts. "Contempt of Court" means intentional:
(1)
Misconduct in the presence of the Court, which interferes with the
Court proceeding or with the administration of justice or which impairs
the respect due the Court.
(2)
Disobedience, resistance, or obstruction of the authority, process,
or order of the Court (including refusal to pay a Court-imposed forfeiture).
(3)
Refusal as a witness to appear, be sworn, or answer a question.
(4)
Refusal to produce a record, document, or other object.
(5)
The act of unlawfully detaining within Marathon and Wood County any
witness or party to an action while going to, remaining at or returning
from Court where such action has been set for hearing or trial and
any other unlawful interference with the process or proceedings in
any action within the County of Marathon and Wood.
B.
Contempt committed in the immediate view or presence of the Municipal
Judge, and after the party so charged being heard in his defense,
may be punished summarily. In other cases, the party shall be notified
of the accusation and have a reasonable time to make his defense.
C.
The Municipal Judge may, upon finding any person guilty of contempt
of Court, order such person to forfeit not more than $50. In default
of payment of the forfeiture and the penalty assessment imposed by
state statute, the person found guilty of contempt may be imprisoned
in the county jail not to exceed seven days.
A.
Deposits for ordinance violations. The Municipal Judge shall establish
and submit to the City Council and Village Board for approval in accordance
with § 800.03(3), Wis. Stats.,[1] a schedule of deposits for violations of City and Village
ordinances.
[1]
Editor's Note: Section 800.03 was repealed by 2009 Act 402,
§ 71, eff. 1-1-2011.
B.
Deposits for traffic and boating violations. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulation 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.
C.
Stipulations and deposits in lieu of court appearances. Persons cited
for violations of City and Village ordinances, or violations of traffic
or boating regulations for which a deposit has been established, shall
be permitted to make a stipulation of no contest and a deposit in
lieu of court appearance as provided in §§ 800.03,
800.04,[2] and 800.09 Wis. Stats.
[2]
Editor's Note: Section 800.03 was repealed by 2009 Act 402,
§ 71, eff. 1-1-2011; § 800.04 was repealed in
part and renumbered into § 800.035 in part by 2009 Act 402,
§§ 74 to 85, eff. 1-1- 2011.
A.
The Municipal Court shall have the authority to impose alternative
dispositions and sanctions in Municipal Court.
B.
For a juvenile adjudged to have violated a municipal ordinance, the
Court is authorized to impose any of the dispositions listed in § 938.343
or 938.344, Wis. Stats., in accordance with the provisions of those
statutes.
C.
For a juvenile adjudged to have violated a municipal 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.
D.
The Municipal Court, in imposing a disposition under this section,
shall order the juvenile to pay, in addition to any forfeiture, the
costs of any counseling, safety program or alcohol or drug abuse assessment,
including treatment, costs of electronic monitoring detention and
placement in any detention facility.
E.
This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
A.
In general, the Marshfield Area Municipal Court may be abolished
at the end of any term for which the Judge has been elected, upon
action taken by the Marshfield City Council or Spencer Village Board
to either repeal this chapter and transmittal of a certified copy
of an ordinance abolishing the Marshfield Area Municipal Court to
the appropriate filing officer under § 11.02(3e), Wis. Stats.[1] To abolish the court it is not required that the City
and Village take similar action. The act of one of the governing boards
to repeal its ordinance in accord with the terms thereof shall be
sufficient. In the event the City of Marshfield City Council or Spencer
Village Board deem it to be in their best interests to abolish the
Joint Municipal Court created under this chapter, they shall take
such action no less than 60 days prior to the date on which the first
nomination papers must be filed for the Municipal Judge's next
term.
[1]
Editor's Note: Section 11.02 was repealed by 2015 Act 117,
§ 24, eff. 1-1-2016.
B.
Delivery of books and records by Judge. In accordance with § 755.12,
Wis. Stats., within 10 days after the effective date of the abolition
of the Marshfield Area Municipal Court, the Judge shall separate the
court records, books, files, moneys and bonds according to the municipalities
involved and deliver them to the appropriate City or Village Clerk.
A.
Marshfield Area Municipal Judge to preside pending initial election.
In the event that this chapter is adopted by each of the City of Marshfield
or Village of Spencer to take effect at a time in advance of the commencement
of the next term of office for the Municipal Judge, the Municipal
Judge of the City of Marshfield, an existing Municipal Court, shall
continue to serve as the Judge of the Joint Municipal Court until
the end of the current term of office.
B.
Vacancy in office of Municipal Judge. In the event of a permanent
vacancy in the office of the Marshfield Area Municipal Judge pending
the initial election of the Joint Municipal Judge under this chapter,
the office of Municipal Judge may be filled by temporary appointment
by the Marshfield City Council and Spencer Village Board acting jointly.
The office shall then be permanently filled by special election by
the electors of the City and Village held concurrently with the next
spring election following the occurrence of the vacancy, except that
a vacancy occurring during the period after December 1 and on or before
the date of the spring election shall be filled at the succeeding
spring election, and no such election may be held after the expiration
of the term of office nor at any time of holding the regular election
for the office.
In accordance with § 755.01(4), Wis. Stats., the City
of Marshfield and Village of Spencer shall enter into a joint operating
agreement to exercise the authority under § 755.01(1), Wis.
Stats.
This chapter, whose substantive terms shall be adopted by the
City of Marshfield and Village of Spencer, shall not be deemed to
have been amended by either of the governing boards unless and until
each of the governing boards shall adopt the same, exact ordinance
amending or creating this chapter.