[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 § 800.037, 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; 5-4-2021 by Ord. No. 2021-2464]
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 §§ 800.037,
800.035 and 800.09, Wis. Stats.
[Amended 5-4-2021 by Ord. No. 2021-2464]
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]
