[HISTORY: Adopted by the Village Board of the Village of
Stratford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-8-2017]
The City of Marshfield (City) and Villages of Spencer and Stratford (Villages), Marathon and Wood Counties, Wisconsin, acting pursuant to § 61.34(1), Wis. Stats., are hereby authorized to and do establish a joint Municipal Court, as described in § 30-4 below.
The purpose of this article shall be to promote the general
health, safety, and welfare and to maintain required local uniformity
of the enforcement of the participating City and Villages.
The scope of this article includes enforcement of all ordinances
adopted by the participating City and Villages which ordinances are
in effect as of the effective date of this article, together will
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, Village of
Spencer, and Village of Stratford 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 ordinance
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 Villages.
The Municipal Judge shall be a resident of the City of Marshfield,
or the Village of Spencer, or the Village of Stratford.
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, Village of Spencer,
and Village of Stratford 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 Boards.
B.
Employees. The Municipal Judge shall appoint, in writing, such clerks
and deputy clerks as are authorized by the City Council and Village
Boards. 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 and 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 § 800.10(2),
Wis. Stats. 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 to 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 Counties
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 Counties 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 Boards 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: See now § 800.037, Wis. Stats.
B.
Deposits for traffic and boating violations. The deposit schedule
established by the Wisconsin Judicial Conference and the procedures
set forth in Chapters 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 appearances as provided in §§ 800.03,
800.04, and 800.09, Wis. Stats.[2]
[2]
Editor's Note: See now §§ 800.035, 800.037
and 800.09, Wis. Stats.
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, the Spencer Village Board,
or the Stratford Village Board to repeal this article 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. To abolish the Court, it is not required that the City
and Villages 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 or Stratford Village Board deems it to be in
their best interests to abolish the Joint Municipal Court created
under this article, 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.
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 article is adopted by each of the City of Marshfield,
Village of Spencer, and Village of Stratford 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 article,
the office of Municipal Judge may be filled by temporary appointment
by the Marshfield City Council, Spencer Village Board, and Stratford
Village Board acting jointly. The office shall then be permanently
filled by special election by the electors of the City and Villages
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, Village of Spencer, and Village of Stratford shall
enter into a joint operating agreement to exercise the authority under
§ 755.01(1), Wis. Stats.
This article, whose substantive terms shall be adopted by the
City of Marshfield, Village of Spencer, and Village of Stratford,
shall not be deemed to have been amended by any of the governing boards
unless and until each of the governing boards shall adopt the same,
exact ordinance amending or creating this article.
