[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 2, Ch. 4, of the 1981 Code). Amendments noted where
applicable.]
A.
Office created. Pursuant to Chapter 755, Wis. Stats., and the agreement
dated May 1, 2010, by and between the City of Two Rivers and the Village
of Mishicot ("the municipalities"), there is hereby created and established
a joint municipal court to be designated "Municipal Court for the
City of Two Rivers and the Village of Mishicot," said court to become
operative and functional on May 1, 2010.
B.
Qualifications. The joint court shall be under the jurisdiction of
and presided over by a Municipal Judge who resides in one of the municipalities.
C.
Term of office. The Municipal Judge shall hold office for a term
of four years commencing on May 1 succeeding his/her election and
shall hold office until his/her successor is elected and qualified.
D.
Election.
(1)
The Municipal Judge shall be elected at large for a term of four
years at the spring election held in even-numbered years every four
years and shall take office on May 1 following the election.
(2)
Any vacancy occurring in the office of Municipal Judge shall be filled
pursuant to § 8.50(4)(fm), Wis. Stats.
E.
Salary. The salary of the Municipal Judge shall be fixed by the Two
Rivers City Council and shall be in lieu of fees and costs in accordance
with § 755.04, Wis. Stats. 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,
Wis. Stats. The municipalities allocate funds for the administration
of the Municipal Court pursuant to § 66.0301, Wis. Stats.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
F.
Bond and oath. The Judge shall, 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 $5,000 as required by § 62.09(4), Wis.
Stats. The Judge shall not act until the oath and bond have been filed
as required by Wisconsin Statutes and the requirements of § 755.03(2),
Wis. Stats., have been complied with.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
G.
Jurisdiction.
(1)
The Municipal Court shall have jurisdiction over incidents occurring
in the municipalities on or after May 1, 2010, as provided in Article
VII, § 14 of the Wisconsin Constitution, §§ 755.045
and 755.05, Wis. Stats., and as otherwise provided by state law. In
addition, it shall have exclusive jurisdiction regarding the municipal
ordinances, resolutions, and bylaws of the municipalities.
(2)
The Municipal Judge may issue civil warrants to enforce matters under
the jurisdiction of the Municipal Court under §§ 755.045(2)
and 66.0119, Wis. Stats.
(3)
The Municipal Court has jurisdiction over juvenile offenders if either
of the municipalities has enacted an ordinance under the authority
of § 938.17(2)(cm), Wis. Stats.
H.
Procedure.
(1)
The Court of the Municipal Judge shall be called the "Joint Municipal
Court for the City of Two Rivers and Village of Mishicot, Wisconsin."
(2)
The Municipal Judge shall hold court in the Two Rivers City Hall
on Wednesday mornings, unless other arrangements are made.
(3)
The Judge shall, in writing, appoint such clerks and deputy clerks
that are authorized and funded by the City of Two Rivers Council.
I.
Contempt of court.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(1)
The Municipal Judge may punish for contempt of Municipal Court persons
guilty of either of the following acts:
(a)
Disorderly, contemptuous or insolent behavior committed during
its sittings, in its immediate view and presence, and directly tending
to interrupt its proceedings or to impair the respect due its authority.
(b)
Resistance or disobedience to any lawful order or process made
or issued by the Municipal Judge, City Attorney or City Prosecutor.
(2)
The Municipal Judge may, upon finding any person guilty of contempt,
follow the procedure in § 800.12, Wis. Stats., for imposing
punishment.
J.
Statutes adopted by reference. Chapter 755 and Chapter 800, Wis.
Stats., are hereby adopted by reference.[1]
[1]
Editor's Note: Original Sec. 2-4-1(k), Court Costs, which
immediately followed this subsection, was repealed and subsequent
subsections renumbered at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III).
K.
Collection of forfeitures and costs. The Municipal Judge may impose
punishment and sentences as provided by Chapter 800 and Chapter 938,
Wis. Stats., and as provided in the ordinances of the municipalities
that are parties to the agreement. All forfeitures, fines, and taxable
costs in any action or proceeding before the Municipal Judge shall
be collected by the Chief of Police of Two Rivers. The Chief shall
pay forfeitures collected to the Two Rivers City Treasurer on the
fifth business day succeeding his receipt thereof.
L.
Disbursement of forfeitures and costs. All forfeitures, fees, assessments,
surcharges, and costs collected by the City of Two Rivers shall be
paid to the treasurer of the municipality within which the cases arose
monthly. The municipal court shall report to the treasurer the title
of action, the nature of the offenses and total amount of judgments
imposed in actions and proceedings in which such monies were collected.
A.
The Municipal Court is authorized to impose any of the dispositions
described in §§ 938.343 and 938.344, Wis. Stats., as
amended from time to time, consistent with the terms and provisions
of those statutes.
B.
If a juvenile violates a condition of a disposition order made by
the Municipal Court pursuant to §§ 938.343 or 938.344,
Wis. Stats., and this chapter, the Municipal Court is authorized to
impose any of the sanctions described in § 938.355(6)(d),
Wis. Stats., as amended from time to time, consistent with the terms
and provisions of that statute.
C.
This section is enacted pursuant to authority granted by § 938.17(2)(cm),
Wis. Stats.
