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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 1.05 of the 1997 Code. Amendments noted where applicable.]
A. 
Office created; qualifications. Pursuant to § 755.01, Wis. Stats., there is created the Office of Municipal Judge for the City. The Municipal Judge shall be licensed to practice law in the State of Wisconsin and have been so licensed on the first date nomination papers for such office and term may be circulated pursuant to § 8.10, Wis. Stats.
B. 
Election; term. The Municipal Judge shall be elected at-large at the spring election every four years, commencing with the spring election in the year 2000, for a term of four years or until a successor is elected and qualifies, commencing on May 1 next succeeding his or her election. Mid-term vacancies in the office of Municipal Judge shall be filled by special election to be held not less than 55 nor more than 70 days after the order of the City Council therefor.
[Amended 3-5-2002 by Ord. No. 2002-1708; 11-1-2011 by Ord. No. 2011-2060]
C. 
Salary. The Municipal Judge shall receive a salary which shall be determined by the City Council from time to time and which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his or her term for which he or she has not executed and filed his or her official bond and oath as required by Subsection D.
D. 
Bond; oath.
(1) 
The Municipal Judge shall execute and file with the Clerk of the Court for Milwaukee County the oath prescribed by § 757.02, Wis. Stats. and a bond in the penal sum of $2,000.
(2) 
The Municipal Judge shall not be qualified to 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 State Administrator of Courts as required by § 755.03, Wis. Stats.
E. 
Jurisdiction. The Municipal Judge shall have jurisdiction as provided by law and § 755.045, Wis. Stats. and exclusive jurisdiction of violations of City ordinances, resolutions and bylaws.
A. 
Court established. The Municipal Court for the City of Franklin is established pursuant to § 755.01 and Ch. 755, Wis. Stats.
[Amended 12-15-1998 by Ord. No. 98-1526]
B. 
Hours. The Municipal Court for the City shall be open as determined by order of the Municipal Judge.
C. 
Location. The Municipal Judge shall keep his or her office and hold court in the Police and Municipal Court Facility.
[Amended 3-5-2002 by Ord. No. 2002-1708]
D. 
Procedure. The procedure in Municipal Court for the City shall be as provided by this section and state law, including, without limitation because of enumeration, Chs. 800 and 755, §§ 788.14, 788.15 and 345.20 to 345.53, inclusive, and §§ 938.17, 938.343 and 938.344, Wis. Stats.
[Amended 12-15-1998 by Ord. No. 98-1526]
E. 
Collection and return of forfeitures. The Municipal Judge shall collect all forfeitures, penalty assessments, fees and taxable costs in any action or proceeding before him or her and shall pay over such moneys to the City Treasurer within seven days of collection. At such time the Municipal Judge shall also report to the City Treasurer the title, nature of offenses and total amount of judgments imposed in actions and proceedings in which such moneys were collected.
F. 
Contempt of Court. 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 either of the following acts, and no other:
(1) 
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.
(2) 
Resistance of or disobedience to any lawful order or process made or issued by the Judge.
G. 
Forfeiture for contempt. The Municipal Judge may, upon finding any person guilty of contempt, order such person to forfeit not more than $50 plus a penalty assessment of 23% under § 165.87, 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.
[Amended 12-15-1998 by Ord. No. 98-1526]
A. 
Deposit schedule to be established. The Municipal Judge shall establish and submit to the City Council for approval, in accordance with § 800.03(3), Wis. Stats., a schedule of deposits for violations of City ordinances, resolutions and bylaws, except traffic regulations, which are governed by § 345.26, Wis. Stats., and boating violations governed by § 23.67, Wis. Stats. When approved by the Council, such deposit schedule shall be posted in the office of the Municipal Court Clerk and the City Police Department.
[Amended 12-15-1998 by Ord. No. 98-1526]
B. 
Stipulation and deposit in lieu of court appearance. Persons cited for violations of City ordinances, resolutions or bylaws for which a deposit has been established under this section shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in §§ 800.03, 800.04 and 800.09, Wis. Stats.
C. 
Traffic and boating deposits. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats. shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with § 349.06, Wis. Stats. and boating regulations enacted in accordance with § 30.77, Wis. Stats.
[Amended 12-15-1998 by Ord. No. 98-1526]
D. 
When not permitted. Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under § 22-2F.
E. 
Fees and costs. Fees and costs in the Municipal Court shall be as set forth in §§ 800.10 and 814.65, Wis. Stats., as amended from time to time. The Municipal Judge, pursuant to § 814.65(1), Wis. Stats., 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.
[Added 2-7-2006 by Ord. No. 2006-1871; amended 12-17-2013 by Ord. No. 2013-2126]