Town of Ledgeview, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ledgeview 1-3-2000 by Ord. No. 01-00. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and penalties — See Ch. 1, Art. II.
The Joint Municipal Court for the City of De Pere and the Town of Ledgeview, created by Chapter 755 of the Wisconsin Statutes, is hereby established and shall become operative and functional on the effective date of this chapter.
The Joint Municipal Court and the Municipal Judge shall have jurisdiction as provided in §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by Wisconsin law.
The Joint Municipal Court shall be presided over by a Municipal Judge.
A. 
Election; term; vacancy; substitution. The Municipal Judge shall be elected by the electors of the City and the Town at the spring election in even-numbered years for a term of four years, commencing on May 1 succeeding the election, as provided by § 755.02, Wis. Stats. The Municipal Judge shall be subject to the Wisconsin Code of Judicial Ethics and shall file an annual financial statement. The Municipal Judge shall serve until a successor is elected and qualifies. Midterm vacancies in the office of Municipal Judge shall be filled by appointment, as agreed upon by the City Council and the Town Board, pursuant to § 8.50(4)(fm), Wis. Stats.
[Amended 12-3-2001; 7-5-2011 by Ord. No. 2011-005]
(1) 
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, unable or fails to act, or in the event of a vacancy, the provisions of § 800.06(2), Wis. Stats., shall apply. Any substitute Municipal Judge designated or assigned hereunder shall be compensated as determined by contract between the City, Town, and Municipal Judge, pursuant to §§ 755.04 and 800.065(3), Wis. Stats. The Municipal Judge may not serve until the contract is entered into, and no Municipal Judge may be compensated for any time during the term which the Municipal Judge has not executed and filed his or her official bond and official oath, as required by § 755.03, Wis. Stats. The Municipal Judge shall satisfy all continuing education requirements for Municipal Judges.
(2) 
Upon the proper and timely written request for substitution or disqualification of the Municipal Judge, the provisions of § 800.05, Wis. Stats., shall apply.
B. 
Salary. The Municipal Judge shall receive a salary paid by the City, which shall be in lieu of fees and costs. No salary shall be paid to the Municipal Judge for any time during the term for which the official bond and oath have not been executed and filed, as required by Subsection C of this section.
C. 
Bond; oath. The Municipal Judge shall execute and file with the Clerk of Courts for Brown County the oath prescribed by § 757.02, Wis. Stats., and a bond. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the City and Town Clerks 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. The City of De Pere and the Town of Ledgeview shall pay the cost of the bond.
[Amended 7-5-2011 by Ord. No. 2011-005]
D. 
Sessions. The Joint Municipal Court shall be open on the days and hours set by the Municipal Judge and approved by the City Council and Town Board.
[Amended 7-5-2011 by Ord. No. 2011-005]
[Amended 7-5-2011 by Ord. No. 2011-005]
A. 
Courtroom facility. The Municipal Judge shall keep an office and hold court in the City Hall of the City of De Pere and shall be located in an area separate from the Police Department by design or signage, as required by § 755.17(2), Wis. Stats.
B. 
Municipal Judge's attire. The Municipal Judge shall wear a black robe while presiding in court, as required by § 755.17(1), Wis. Stats.
C. 
Clerk of Court's attire. The Municipal Court Clerk shall be attired in appropriate clothing and may not, while performing court functions, wear anything that implies or indicates that he or she is a law enforcement officer, as required by § 755.17(1m), Wis Stats.
D. 
Location of personnel. All personnel employed by the Joint Municipal Court shall be located in an area separate and distinct from the Police Department by design or signage, as required by § 755.17(3), Wis. Stats.
E. 
Telephone number. The Joint Municipal Court shall have a telephone number or extension separate from any other governmental department, as required by § 755.17(4), Wis Stats.
The procedure in the Joint Municipal Court shall be as provided by this section and state law, including, without limitation because of enumeration, Chs. 800 and 755 and §§ 23.50 to 23.85, 345.11, 345.20 to 345.53 and 972.11(3m), Wis. Stats.
[Amended 7-5-2011 by Ord. No. 2011-005]
The Municipal Judge may impose punishment and forfeitures provided under Wisconsin law and as provided in the ordinances of the City and the Town. No bond shall exceed the maximum penalty established by the City Council and Town Board for the offense, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats. The Municipal Judge shall collect all forfeitures, penalty assessments, jail assessments, surcharges, court costs, fees and taxable costs in any action or proceeding before the Joint Municipal Court and shall pay over the amounts collected to the City Clerk within 30 days after receipt. At such time, the Municipal Judge also shall report to the City Clerk the title of the action, the offense for which the forfeiture was imposed and the total amount of the forfeitures, assessment, fees and costs.
[Amended 7-5-2011 by Ord. No. 2011-005]
A. 
The Municipal Judge may, pursuant to § 800.12(1), Wis. Stats., punish for contempt of the Joint Municipal Court for any such persons guilty of any of the following acts:
(1) 
Intentional misconduct in the presence of the Court which interferes with a Court proceeding or with the administration of justice or which impairs the due respect for the Court.
(2) 
Refusal of a witness to appear without reasonable excuse.
B. 
These penalties shall be imposed immediately after the contempt of Court has occurred and only under the following conditions pursuant to § 800.12(3),Wis. Stats.:
(1) 
For the purpose of preserving order in the Court and protecting the authority and dignity of the Court.
(2) 
After allowing the person who committed the contempt of Court an opportunity to address the Court.
C. 
The Municipal Judge may impose a forfeiture in an amount not to exceed $200 for a contempt of Court.
(1) 
For a contempt of Court described in § 22-7A(1), the Municipal Judge may impose imprisonment in the county jail for not more than seven days and impose a forfeiture, as provided under § 800.12(3), Wis. Stats.
(2) 
For a contempt of Court described in § 22-7A(2), the Municipal Judge may do any of the following, pursuant to § 800.12(4), Wis. Stats.:
(a) 
Issue a warrant to bring the witness before the Court for the contempt and to testify.
(b) 
In addition to ordering witness to pay a forfeiture, the Judge may order the witness to pay all costs of the witness's apprehension.
A. 
Town deposit schedule to be established. The Municipal Judge shall establish and submit to the Town Board for approval by resolution a schedule of deposits for violations of Town ordinances, except traffic regulations, which are governed by §§ 345.26 and 800.037, Wis. Stats.
[Amended 7-5-2011 by Ord. No. 2011-005]
B. 
Stipulation and deposit in lieu of court appearance. Persons cited for violations of City or Town ordinances for which a deposit has been established under this subsection shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in §§ 800.035, 800.037 and 800.09, Wis. Stats.
[Amended 7-5-2011 by Ord. No. 2011-005]
C. 
Traffic and all-terrain vehicle deposits. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chapters 23 and 345 of the Wisconsin Statutes shall apply to stipulation and deposits for violations of traffic regulations enacted in accordance with § 345.26, Wis. Stats., and all-terrain vehicle regulations enacted in accordance with § 23.33, Wis. Stats.
D. 
When not permitted. Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under § 22-7.
The City Council and the Town Board shall enter into an agreement to share the costs of maintaining the Joint Municipal Court.