[HISTORY: Adopted by the Village Board of the Village of Cottage Grove 7-2-1984 as Sec. 1.12 of the 1984 Code. Amendments noted where applicable.]
Office created. Pursuant to s. 755.01, Wis. Stats., there is created the office of Municipal Judge for the Village of Cottage Grove.
Election; term. The Municipal Judge shall be elected at large at the spring election in even-numbered years for a term of four years commencing on May 1 next succeeding his or her election. Midterm vacancies in the office of Municipal Judge shall be filled pursuant to the procedures set forth in s. 8.50, Wis. Stats.
[Amended 12-5-2011 by Ord. No. 05-2011]
Salary. The Municipal Judge shall receive a monthly salary as established by the Village Board, 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 the official bond and oath as required by Subsection D of this section.
Bond; oath. The Municipal Judge shall execute and file with the Clerk of the Courts for Dane County the oath prescribed by s. 757.02, Wis. Stats., and a bond in the penal sum of $5,000. The Court Clerk shall also be bonded in the penal sum of $5,000. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the Village Clerk and a certified copy of the oath is filed with the office of the Director of State Courts as required by s. 755.03, Wis. Stats.
Jurisdiction. The Municipal Judge shall have jurisdiction as provided by law and s. 755.045, Wis. Stats., and exclusive jurisdiction of violations of Village ordinances, resolutions and bylaws.
[Amended 8-5-2002 by Ord. No. 06-2002]
Court established. The Municipal Court for the Village of Cottage Grove is established pursuant to s. 755.02 and Ch. 755, Wis. Stats.
Hours. The Municipal Court for the Village shall be open as determined by order of the Municipal Judge.
Location. The Municipal Judge shall keep his or her office and hold court in the Village Hall.
Procedure. The procedure in Municipal Court for the Village shall be as provided by this section and state law including, without limitation because of enumeration, Chs. 755 and 800 and ss. 23.66 to 23.99, 778.14, 778.15, 778.18 and 345.20 to 345.53, Wis. Stats.
Collection and return of forfeitures. The Municipal Judge or his/her designee shall collect all forfeitures, penalty assessments, fees and taxable costs in any action or proceeding before him and shall pay over such moneys to the Village Treasurer within seven days of collection. At such time the Municipal Judge or his/her designee shall also report to the Village Treasurer the title, nature of offenses and total amount of judgments imposed in actions and proceedings in which such moneys were collected.
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 any of the following acts and no others:
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;
Disobedience, resistance or obstruction of the authority, process or order of a Court;
Refusal as a witness to appear, be sworn or answer a question; and
Refusal to produce a record, document or other object.
The Municipal Judge may, upon finding any person guilty of contempt, order such person to forfeit not more than $50 plus 15% penalty assessment under s. 757.05, 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.
Deposit schedule to be established. The Municipal Judge shall establish and submit to the Village Board for approval in accordance with s. 800.03(3), Wis. Stats., a schedule of deposits for violations of Village ordinances, resolutions and bylaws except traffic regulations which are governed by s. 345.27, Wis. Stats., and boating violations governed by s. 23.67, Wis. Stats. When approved by the Board, such deposit schedule shall be posted in the office of the Municipal Court Clerk and the Village Law Enforcement Department.
Stipulation and deposit in lieu of court appearance. Persons cited for violations of Village 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 ss. 800.03, 800.04 and 800.09, Wis. Stats.
Traffic 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 s. 345.27, Wis. Stats.
Pursuant to the authority granted by Wisconsin Statutes s. 938.17(2), the Village of Cottage Grove Municipal Court is granted authority to utilize the dispositional alternatives as outlined in Subsection B.
The following sections of the Wisconsin Statutes are hereby specifically adopted by reference for the dispositional authority of the Village of Cottage Grove Municipal Court: