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City of Manawa, WI
Waupaca County
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[HISTORY: Adopted by the Common Council of the City of Manawa 11-21-2005. Amendments noted where applicable.]
Pursuant to Chapter 755, Wisconsin Statutes, there is hereby created and established a Joint Municipal Court designated "Northern Waupaca County Joint Municipal Court for the City of Clintonville, the Village of Iola, the City of Manawa, and the City of Marion" (hereinafter known as the "Joint Municipal Court"), presided over by a Municipal Judge.
The Municipal Court Committee (hereinafter "Committee") shall be comprised of one representative of the City of Clintonville, the Village of Iola, the City of Manawa, the City of Marion (hereinafter "member municipalities"), who shall be appointed by the Mayor, or President of the member municipality, subject to confirmation by the respective governing body and, in addition, one member who shall be a Chief of Police of a member municipality. The initial member of this Committee shall be the Chief of Police of the City of Marion, replaced on a yearly basis by means of rotation among the Chiefs of Police. The Chiefs of Police will rotate as follows: Clintonville, Iola, Manawa, and Marion. In order to assure participation and continuity of representation, each member municipality may appoint an alternate representative who shall act on Committee matters in the absence of the representative.
Pursuant to Chapter 755, Wisconsin Statutes, the office of Municipal Judge is hereby created.
A. 
Qualifications. Eligibility for the office of Municipal Judge shall be as follows: To be eligible for the office of Municipal Judge, a person must be a qualified elector in either the City of Clintonville, or the Village of Iola, or the City of Manawa, or the City of Marion.
B. 
Bond and oath. The Municipal Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1), Wis. Stats., pursuant to § 755.03(2), Wis. Stats., with the Clerk of Circuit Court for Waupaca County, and at the same time shall execute and file an official bond.
C. 
Salary. The Municipal Judge shall receive a fixed salary and municipal judge's training pursuant to § 755.18, Wis. Stats., the salary to be determined by the Committee, subject to § 755.04, Wis. Stats., which shall be in lieu of fees and costs. The salary shall be paid quarterly. No salary shall be paid nor action taken by the Municipal 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 B of this section and § 19.02(4)(c), Wis. Stats.
A. 
Term. The appointed Municipal Judge must run for the election at large the following spring election, for a two-year term, commencing on May 1 succeeding his or her election. All candidates seeking to be elected for the position of Municipal Judge shall be nominated by nomination papers as provided in § 8.10, Wis. Stats., and selection at a primary election if such is held as provided in § 8.11, Wis. Stats. The State Elections Board shall serve as filing office for the candidates.
B. 
Electors. Electors of the City of Clintonville, and the Village of Iola, and the City of Manawa and the City of Marion shall be eligible to vote for the Municipal Judge of the Joint Municipal Court.
Pursuant to Chapter 755, Wisconsin Statutes, the office of the Clerk of the Joint Municipal Court is hereby created.
A. 
Employees. The Judge shall, in writing, appoint the Clerk of the Joint Municipal Court and appoint deputy clerks as authorized by the Committee.
B. 
Salary. Training and compensation of said Clerk shall be as determined by the Committee of the member municipalities.
C. 
Bond and oath. The Clerk of Municipal Court shall, before entering upon the duties of the office, take and file the official oath as prescribed in § 19.01, Wis. Stats., with the City Clerk of the City of Clintonville and at the same time shall execute and file an official bond. The Clintonville City Clerk will provide file copies to the municipal clerks of the other member municipalities.
A. 
The Joint Municipal Court shall have jurisdiction over incidents as provided in Article VII, § 14 of the Wisconsin Constitution, §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law. In addition, it shall have exclusive jurisdiction over actions in the member municipalities that seek to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.
B. 
The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Joint Municipal Court under §§ 755.045(2), 66.122[1] and 66.123,[2] Wis. Stats.
[1]
Editor's Note: Section 66.122, Wis. Stats., was renumbered § 66.0119 and amended by 1999 Act 150, §§ 287 to 290, effective 1-1-2001.
[2]
Editor's Note: Section 66.123, Wis. Stats., was renumbered in part and repealed in part by 1999 Act 150, §§ 291, 292, effective 1-1-2001. Subsection (1) of § 66.122 was renumbered and amended as § 66.0119(3), Wis. Stats.
C. 
The Joint Municipal Court has jurisdiction over juvenile offenders when a member municipality enacts an ordinance under the authority of § 938.17(2)(cm), Wis. Stats.
D. 
The Municipal Judge may impose punishment and sentences as provided by Chapters 800 and 938, Wis. Stats., and as provided in the ordinances of the member municipalities.
E. 
Court authority to impose alternative juvenile dispositions and sanctions. For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes. For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the Court under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes. This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
[Added 11-19-2007 by Res. No. 2007-15]
F. 
Deposits.
[Added 11-18-2013 by Res. No. 2013-10]
(1) 
Each citation issued under this section shall specify a cash deposit as set forth in this Code, which consists of the appropriate forfeiture, a penalty assessment of the maximum amount allowed by law (currently $38).
(2) 
Court costs adjudicated by the Joint Municipal Court shall be at the maximum rate allowed by the Wisconsin Statutes.
A. 
The Joint Municipal Court location and time will be determined by order of the Committee and the Municipal Judge.
B. 
The procedure in Joint Municipal Court shall be provided by the statutes and laws of Wisconsin.
C. 
The Clerk of the Joint Municipal Court or his or her deputy shall make daily deposits of all forfeitures, fees, penalties, assessments and costs collected in any action or proceeding before the Joint Municipal Court. These deposits will be made to a designated bank account as determined by the Committee.
The Municipal Judge may impose a sanction as authorized under § 800.12(2) Wis. Stats., for contempt of court as defined in § 785.01(1), Wis. Stats., in accordance with the procedures under § 785.03, Wis. Stats.
The Joint Municipal Court hereby established shall not be abolished while the § 755.01(4) agreement is in effect.