[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Sec. 1.10 of the Municipal Code. Amendments noted where applicable.]
There is hereby created and established a Municipal Court for the city pursuant to Ch. 755, Wis. Stats.
Such Court shall be under the jurisdiction of and presided over by a Municipal Judge, who shall be an attorney licensed to practice law in Wisconsin, and who resides in the city. Such Municipal Judge shall be elected at large in the spring election for a term of four years commencing May 1, 1985. All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided in § 8.10, Wis. Stats., and selection at a primary election if such is held as provided in § 8.11, Wis. Stats. The City Council shall provide for a primary election in the event that more than two candidates file nomination papers for such position of Municipal Judge as provided in § 8.11(1)(a), Wis. Stats., and such primary election shall be held on the third Tuesday of February as provided in § 5.02(22), Wis. Stats.
[Amended 6-19-2001 by Ord. No. 2142]
The Judge shall, after his election and appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1), Wis. Stats., and execute and file an official bond in the amount of $5,000. The Judge shall not act until a certified copy of the bond is filed with the City Clerk and a certified copy of the oath is filed with the office of the Director of State Courts as required by § 755.03, Wis. Stats.
A dishonesty insurance policy or other appropriate insurance policy that covers the Municipal Judge with limits of not less than $5,000 may be obtained in lieu of providing the bond as provided for hereunder.
[Added 9-26-2017 by Ord. No. 2595]
The salary of the Municipal Judge shall be fixed by the City Council, which shall be in lieu of fees and costs. No salary shall be paid for any time during his term in which the Judge has not executed his official bond or oath as required in § 14-3.
The Municipal Judge shall have jurisdiction as provided by §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law.
The Municipal Court shall be open at such times as determined by the Municipal Judge.
[Amended 7-23-2002 by Ord. No. 2180]
The Municipal Judge may impose punishment and sentences as provided by § 800.09, Wis. Stats., and the ordinances of the city. All forfeitures, fees, penalty assessments and costs shall be paid to the Director of Finance and Administration within seven days after receipt thereof by the Municipal Judge or other Court personnel. At the time of payment, the Municipal Judge shall report to the Director of Finance and Administration the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments and costs, if any.
The Municipal Judge, after affording an opportunity to the person accused to be heard in defense, may punish for contempt of Municipal Court persons guilty of any of the following acts and no other:
Disorderly, contemptuous and insolent behavior toward the Judge while engaged in any judicial proceeding or other conduct which tends to interrupt the proceedings or to impair the respect due the Judge's authority.
Resistance of or disobedience to any lawful order or process made or issued by the Judge.
Refusal as a witness to appear, be sworn or answer a question.
Refusal to produce a record, document or other object.
The Municipal Judge may, upon finding any person guilty of contempt, order such person to forfeit not more than $50, plus 10% penalty assessment under § 757.05(1), Wis. Stats. Upon nonpayment of the forfeiture and penalty, the person found guilty of contempt may be sentenced to the county jail not to exceed seven days.