[HISTORY: Adopted by the Board of Trustees of the Village
of Wild Rose. Amendments noted where applicable.]
A.
Municipal Court created. Pursuant to the authority granted by Chapter
755 of the Wisconsin Statutes, the Village Board of the Village of
Wild Rose has created a Municipal Court, with jurisdiction over incidents
occurring on or after May 1, 2007, as provided in Article VII, § 755.045
and § 755.05, Wis. Stats., and as otherwise provided by
state law.
B.
Municipal Judge.[1]
(1)
Qualifications. The Municipal Court shall be under the jurisdiction
of, and presided over by, a Municipal Judge, who shall reside in the
Village of Wild Rose.
(2)
Oath and bond. The Judge shall, within five days after election or
appointment to fill a vacancy, take and file the official oath as
prescribed in § 757.02(1), Wis. Stats., and at the same
time execute and file an official bond in the amount of $500. 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),
Wis. Stats., have been complied with.
(3)
Salary. The salary of the Municipal Judge shall be fixed by the Village
Board which 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 as required by § 755.03(2),
Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
The municipality may by separate ordinance allocate funds for the
administration of the Municipal Court pursuant to Chapter 66 of the
Wisconsin Statutes.
D.
Jurisdiction.
(1)
The Municipal Court shall have jurisdiction over incidents occurring
on or after May 1, 2007, as provided in Article VII, § 755.045
and § 755.05, Wis. Stats., and as otherwise provided by
state law. In addition, the Municipal Court shall have exclusive jurisdiction
over actions in the Village of Wild Rose and any other municipalities
that join as parties to the Court by agreement seek to impose forfeitures
for violations of municipal ordinances, resolutions, and bylaws.
(2)
The Municipal Court Judge may issue civil warrants to enforce matters
under the court's jurisdiction; impose contempt of court sanctions
authorized under § 800.12, Wis. Stats.; have jurisdiction
over juvenile cases as authorized under § 938.17(2)(cm),
Wis. Stats.; and issue process and perform ministerial functions at
any place in the county.
E.
Municipal Court.
(1)
Hours. The Municipal Court shall be open at such location and at
such times as determined by the governing body of the Village of Wild
Rose and the Municipal Judge.
(2)
Employees. The Judge shall, in writing, appoint such clerk and deputy
clerks as are authorized and funded by the Village Board of the Village
of Wild Rose.
(3)
Location. The municipal governing body shall provide the Municipal
Court Judge with adequate public or private facilities to keep his/her
office, and to hold court. The Court shall be the custodian of all
court records. Access shall be restricted to Court officials and law
enforcement officers. However, the Municipal Judge may issue process
and perform ministerial functions at any place in the county.
F.
Collection of forfeitures and costs. The Municipal Judge may impose
punishment and sentences as provided in Chapters 800 and 938, Wis.
Stats., and as provided in the ordinances of municipalities that are
parties to the agreement. All forfeitures, fees, assessments, surcharges
and costs shall be paid to the Municipal Court, who, within 30 days
after receipt of such funds, shall pay them to the Village Treasurer.
At the time of payment, the Court shall report the title of the action,
the nature of the offenses, and the total amount of judgments imposed
in actions and proceedings in which such monies were collected.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
G.
Contempt of Court. The Municipal Judge, after affording an opportunity
to the person accused to be heard in defense, may impose a sanction
authorized under § 800.12, Wis. Stats., and may impose a
forfeiture therefor not to exceed $200, plus the costs, fees and surcharges
imposed under Ch. 814, Wis. Stats., and a jail assessment under § 302.46,
Wis. Stats. Upon nonpayment of forfeiture and assessments, the Municipal
Judge may impose a jail sentence not to exceed seven days.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
H.
Abolition. The Municipal Court hereby established shall not be abolished
except as provided under Wisconsin Statutes.
I.
Stipulations and deposits.
(1)
Deposits for ordinance violations. The Municipal Judge shall establish
and submit to the Village Board for approval, in accordance with § 800.037,
Wis. Stats., a schedule of deposits for violations of Village ordinances,
resolutions, and bylaws.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
(2)
Deposits for traffic and boating violations. The Deposit Schedule
established by the Wisconsin Judicial Conference, and procedures set
forth in Chapters 23 and 345 of the Wisconsin Statutes shall apply
to stipulations and deposits for violations of traffic regulations
enacted in accordance with Chapter 345, Wis. Stats., and boating regulations
enacted in accordance with § 30.77, Wis. Stats.
(3)
Stipulations and deposits in lieu of Court appearance. Persons cited
for violations of Village ordinances, resolutions, or bylaws, or violations
of traffic or boating regulations for which a deposit has been established,
shall be permitted to make stipulations of no contest, and to deposit
in lieu of Court appearance, as provided in § 800.035, § 800.045,
and § 800.09, Wis. Stats.
A.
Pursuant to the authority granted by § 938.17(2)(cm), Wis.
Stats., the Municipal Court for the Village of Wild Rose, to the fullest
extent allowed by the law, is given the jurisdiction over juvenile
offenders within the municipality, and is authorized to make dispositions
under § 118.163, § 938.343, and § 938.344,
Wis. Stats., and sanctions under § 938.355(6)(d) and (6m),
Wis. Stats.
B.
Cases, other than traffic offenses, involving juvenile offenders
shall be heard separately from cases involving adult offenders, and
shall be closed to the public. Case records will be stored separately,
and will be exempt from public access. Parent(s), legal guardians,
and/or legal counsel will accompany juveniles appearing before the
Court.
