[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.
[Amended 10-26-2010]
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.
A.
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.
B.
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.
C.
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.
A.
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.
[Amended 10-26-2010]
B.
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:
(1)
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;
(2)
Disobedience, resistance or obstruction of the authority,
process or order of a Court;
(3)
Refusal to appear, be sworn or answer a question;
or
(4)
Refusal to produce a record, document or other object.
C.
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.
[Amended 12-11-2000]
D.
Jurisdiction over juveniles aged 12 or over.
(1)
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.
(2)
If a citation is issued to a juvenile, the issuing
agency shall, within seven days, notify the juvenile's parent or guardian.
(3)
The penalties imposed against such juvenile shall
be as provided in §§ 938.343 and 938.344, Wis. Stats.,
as modified from time to time.
(4)
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.
[Amended 10-26-2010]
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.
A.
The Municipal Court for the Village of Elm Grove shall
be open as determined by order of the Municipal Judge.
B.
The Municipal Judge shall keep his or her office and
hold court in the Village Hall, 13600 Juneau Boulevard.
C.
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.
D.
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.
[Amended 12-11-2000]
E.
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.
