[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as §§ 2-3-11 and 2-3-12 of the 1992 Code.
Amendments noted where applicable.]
[Amended 12-12-2011]
A.
Pursuant to the authority granted by Ch. 755, Wis. Stats., there
is hereby established a Municipal Court for the Village of Orfordville.
The Municipal Court is a coequal branch of the municipal government,
subject to the superintending authority of the Supreme Court, through
the chief judge of the judicial administrative district.
B.
The Municipal Court shall be maintained at the expense of the Village.
The Village Board shall determine the amount budgeted for Court maintenance
and operations. The budget of the Municipal Court shall be separate
from, or contained on a separate line item from, the budget or line
items at all other municipal departments.
[Amended 12-12-2011]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there
is hereby created the office of Municipal Judge for the Municipal
Court for the Village of Orfordville.
A.
Election;
term. The Municipal Judge shall be elected at large at the spring
election in the odd-numbered years for a term of four years commencing
on May 1 succeeding the election. The Municipal Judge shall be subject
to the Wisconsin Code of Judicial Ethics and shall file an annual
financial statement.
B.
Salary.
The Village Board shall fix the salary of the Municipal Judge. The
salary of the Municipal Judge may be increased for a new term prior
to the beginning of the term for the Judge, or for the second year
of a term before the start of the second year of the term of the Judge,
but the salary shall not be decreased during the term of the Judge.
Salaries may be paid annually or in equal installments as determined
by the Village Board, but no Judge may be paid a salary for that portion
of any term during which portion the Judge has not executed the official
bond or official oath as required by § 755.03, Wis. Stats.
C.
Bond;
oath. Within 10 days after a Municipal Judge takes the oath, the judge
shall file the oath and bond with the Clerk of the Village. The judge
shall also file a certified copy of the oath with the Office of Director
of State Courts within the ten-day period after the judge takes the
oath.
D.
Training. The Judge shall participate in a program of continuing
education as required by the Supreme Court. The Village shall pay
the cost of said continuing education.
[Amended 12-12-2011]
A.
The procedure in Municipal Court for the Village of Orfordville shall be as provided in Chapter 26 of the Village Ordinances, Chapter 800 of the Wisconsin Statutes, and all other applicable state statutes, regulations and ordinances.
B.
The
Municipal Court shall be open as determined by the Municipal Judge
and approved by the Village Board.
C.
The
Municipal Judge shall keep his/her office and hold Court in the Municipal
Building, 106 N. Center Street, Village of Orfordville. The Village
Board shall provide the judge with an office or appropriate work space
at the Municipal Building.
D.
If
the Municipal Judge is temporarily absent, sick or disabled, the provisions
of § 800.06(1), Wis. Stats., shall apply, and if the Municipal
Judge becomes incompetent or unable to act or fails to act, the provisions
of § 800.06(2), Wis. Stats., shall apply. In the event of
a permanent vacancy, the provisions of § 800.06(3), Wis.
Stats. shall apply. Any substitute Municipal Judge designated or assigned
hereunder shall be compensated as authorized by the Village Board.
The Municipal Judge shall satisfy all continuing education requirements
for municipal judges pursuant to § 755.18(1), Wis. Stats.,
and the Village shall pay the cost of such continuing education.
E.
Upon
the proper and timely written request for substitution of the Municipal
Judge, the provisions of § 800.05, Wis. Stats., shall apply.
F.
The
procedures of the Municipal Court shall be in accord with the applicable
Wisconsin Statutes and Village ordinances. The Court shall abide by
the Wisconsin Rules of Evidence. The deposit in traffic cases shall
be made as provided in § 345.26, Wis. Stats. In boating
cases, the deposit shall be made as provided in §§ 23.66
and 23.67, Wis. Stats. In all other cases, the Municipal Court, with
the approval of the Village Board, shall set the deposit schedule.
No deposit amount shall exceed the maximum penalty which could be
imposed for the ordinance violation, plus costs, fees and surcharges
imposed under Chapter 814 of the Wisconsin Statutes.
[Amended 12-12-2011; 3-10-2014]
A.
Bonds
for appearance, partial payments and other funds collected by the
Court shall be treated as escrow funds and deposited with the Village
Clerk-Treasurer.
B.
The
Clerk of the Municipal Court shall collect all forfeitures and costs
in any action or proceeding before him and shall pay over such moneys
to the Village Clerk-Treasurer not later than the end of each month.
At the time of payment, the Municipal Court Clerk shall report to
the Village Clerk-Treasurer the title of the action, the offense for
which the forfeiture was imposed and the total amount of the forfeiture,
fees, penalty assessments and costs, if any. The Village Clerk-Treasurer
shall disburse the fees as provided in § 814.65, Wis. Stats.,
and disburse any penalty assessments pursuant to § 66.0114,
Wis. Stats.
C.
In a Municipal Court action, except for a financial responsibility
violation under § 344.62(2), Wis. Stats., or for a violation
of an ordinance in conformity with § 343.51(lm)(b) or § 347.48(2m),
Wis. Stats., the Municipal Judge shall collect a fee of $38 on each
separate matter, whether it is on default of appearance, a plea of
guilty or no contest, on issuance of a warrant or summons, or the
action is tried as a contested matter. Of each fee received by the
Judge under this subsection, the Municipal Treasurer shall pay monthly
$5 to the Secretary of Administration for deposit in the general fund
and shall retain the balance for the use of the municipality.
[Amended 12-12-2011
The Village Board may, by ordinance or by law, abolish the Municipal
Court at the end of any term for which the Judge has been elected
or appointed.
Chapters 755 and 800, Wis. Stats., are hereby
adopted by reference.
B.
The
Municipal Judge may impose a forfeiture in an amount not to exceed
$200 for a contempt of Court.
C.
For a contempt of Court described in Subsection A(1), the judge may impose imprisonment in the county jail for not more than seven days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of Court has occurred and only under the following conditions:
[Amended 12-12-2011]
A.
Appointment.
The Municipal Judge shall, in writing, appoint the personnel that
are authorized by the Village Board. The Village Board shall authorize
at least one Clerk of the Municipal Court. The hiring, termination,
hours of employment and Clerk responsibilities of the Court personnel,
when working during hours assigned to the Court, shall be under the
judge's authority. The Clerk's salary shall be fixed by the Village
Board. The Clerk of the Municipal Court shall hold office for an indefinite
term of office. The Clerk shall, before entering upon the duties of
his or her office, take the oath provided by § 19.01, Wis.
Stats., and give such bond as the Board may require. The oath and
bond of the Clerk of Municipal Court shall be filed with the Village
Clerk-Treasurer. The cost of such bond shall be paid by the Village.
B.
Duties.
The Court Clerk shall:
(1)
File and review citations and complaints assuring their correctness.
(2)
Reply to departmental mail concerning routine matters as prescribed
by the Municipal Judge.
(3)
Assign docket numbers to citations and complaints, type of docket
sheets and gather all material pertinent to cases.
(4)
Determine and schedule Court dates and facilities.
(5)
Communicate with law officers, attorneys and defendants regarding
Court proceedings.
(6)
Balance dockets at the conclusion of Court proceedings.
(7)
Prepare and mail warrants and summons.
(8)
Prepare a monthly report of financial activities.
(9)
Assist in the collection of traffic bonds.
(10)
Prepare necessary communications for jury trials and transfers to
Circuit Court.
(11)
Perform such other duties as may be required by the Municipal Judge
and Village Board.
C.
Training. The Clerk shall participate in a program of continuing
education as required by the Supreme Court. The Village shall pay
the cost of such continuing education.
[Added 1-24-2022; amended 3-2-2022]
A full-time officer of the Village of Orfordville Police Department
shall attend all sessions of the municipal court. The officer shall
be present to provide security, help maintain order, and provide other
services as requested by the Municipal Judge during any session of
municipal court. If during any session of the municipal court there
is an emergency that requires the officer's immediate attention, the
officer shall leave to report to said emergency. Upon the officer's
departure, the Municipal Judge shall have the option, in the Judge's
sole discretion, to adjourn the ongoing session of municipal court.