[HISTORY: Adopted by the Village Board of the Village of Elm Grove 2-12-1968; as amended through 2-10-1997. Subsequent amendments noted where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., and as hereafter modified, the Municipal Court for the Village of Elm Grove, Wisconsin is authorized.
Pursuant to the authority granted by § 755.01, Wis. Stats., the office of Judge of the Municipal Court for the Village of Elm Grove, Wisconsin is authorized.
Election term. Pursuant to § 755.02, Wis. Stats., amended June 1. 2010, the Municipal Judge shall be elected at large at the spring election for a term of four years commencing on May 1 in the year the Judge is elected. A permanent vacancy in the office of Municipal Judge shall be filled as provided in § 8.50(4)(fm), Wis. Stats.
Salary. The Municipal Judge shall receive a salary and expense reimbursement as determined from time to time by the Village Board which shall be in lieu of fees and costs. The salary may be increased by the Village Board before the start of the second or subsequent year of service of the term of the judge, but shall not be decreased during a term.
Oath and bond. The Municipal Judge shall, prior to acting in the capacity of judge, execute and file with the Clerk of the Circuit Court for Waukesha County the oath prescribed by § 757.02(1), Wis. Stats., and a bond in the penal sum of $1,000.
The Municipal Judge shall have such state-wide jurisdiction as provided by § 755.05, Wis. Stats., and exclusive jurisdiction over actions in which a forfeiture(s) is sought for violations of municipal ordinances, except as otherwise provided in § 755.045, Wis. Stats.
The Municipal Judge may punish for contempt pursuant to § 800.12, Wis. Stats. For purposes of this chapter, the term "contempt of court" shall mean intentional:
Misconduct in the presence of the Court which interferes with a Court proceeding or with the administration of justice or which impairs the respect due the Court;
Disobedience, resistance or obstruction of the authority, process or order of a Court;
Refusal to appear, be sworn or answer a question; or
Refusal to produce a record, document or other object.
The Municipal Judge may impose a forfeiture for contempt under Subsection B in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under § 165.87, Wis. Stats., jail assessment under § 302.46, Wis. Stats., crime laboratories and drug law enforcement assessments under § 165.755, Wis. Stats., and any applicable domestic abuse assessment under § 973.055(1), Wis. Stats., a jail sentence not to exceed seven days.
Jurisdiction over juveniles aged 12 or over.
Pursuant to § 938.17(2), Wis. Stats., the Municipal Court shall have jurisdiction over juveniles aged 12 or over for violations of municipal ordinances. The citation procedures described in Ch. 800, Wis. Stats., shall be used.
If a citation is issued to a juvenile, the issuing agency shall, within seven days, notify the juvenile's parent or guardian.
The penalties imposed against such juvenile shall be as provided in §§ 938.343 and 938.344, Wis. Stats., as modified from time to time.
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the Municipal Court entered under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any sanction set forth in § 938.355, Wis. Stats., as modified from time to time, in accordance with the provisions of that statute.
The Municipal Judge may issue civil warrants to enforce matters which are under the jurisdiction of the Municipal Court. The Municipal Judge is also authorized to issue inspection warrants under §§ 66.122 and 66.123, Wis. Stats.
The Municipal Judge may order the payment of restitution for violations of ordinances that prohibit conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both. The judge shall use the restitution procedure under § 800.093, Wis. Stats.
The Municipal Court shall appoint a guardian ad litem or social worker certified or licensed under § 457, Wis. Stats., for any defendant that the court has reason to believe lacks substantial mental capacity to understand the proceedings or assist in his or her defense. The person appointed under this paragraph shall assist the court in making a determination concerning the defendants mental capacity. If the court determines that the defendant lacks the mental capacity to understand the proceedings or assist in his or her defense, the court shall suspend the proceedings. The cost of the guardian ad litem or social worker shall be paid by the municipality pursuant to § 800.04 (1) (bm), Wis. Stats.
The Municipal Court for the Village of Elm Grove shall be open as determined by order of the Municipal Judge.
The Municipal Judge shall keep his or her office and hold court in the Village Hall, 13600 Juneau Boulevard.
The procedure in Municipal Court for the Village of Elm Grove shall be as provided by this chapter and state law, including, but not excluding because of enumeration, Chs. 66, 345, 755, 800 and 938, Wis. Stats.
All forfeitures, fees, penalty assessments, domestic abuse assessments and costs paid to the Municipal Court under a judgment before the Municipal Judge shall be paid to the Municipal Treasurer within seven days after receipt of the money by the Municipal Judge or other court personnel. At the time of the payment, the Municipal Judge shall report to the Municipal Treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments, domestic abuse assessments and costs, if any. The Treasurer shall disburse the fees as provided in § 814.65(1), Wis. Stats. All jail assessments and crime laboratories and drug law enforcement assessments paid to the Municipal Court under a judgment before the Municipal Judge shall be paid to the County Treasurer within 31 days after receipt of the money by the Municipal Judge or other court personnel.
The Municipal Judge is hereby granted the authority to order, in his or her discretion, an extension of the time of payment of any judgment pursuant to the provisions of § 800.09, Wis. Stats., and, in the event of nonpayment, to take any action authorized under § 800.095, Wis. Stats.