[HISTORY: Adopted by the Village Board of
the Village of Sauk City 11-11-2003 by Ord. No. 2003-9 (§ 2.17 of
the 1970 Code); amended in its entirety 3-31-2009 by Ord. No. 2009-2. Subsequent amendments noted where applicable.]
A.
Pursuant to the authority granted by Ch. 755, Wis.
Stats., there was created and established a Joint Municipal Court
designated as the "Municipal Court for the Village of Prairie du Sac
and Village of Sauk City" ("Joint Court"). Said Joint Court became
operative and functioning on January 1, 2004. In addition, there was
created and established a Joint Court Commission to be designated
the "Sauk Prairie Court Commission" on which the Village of Prairie
du Sac and Village of Sauk City are represented.
B.
Pursuant to the authority granted by Ch. 755, Wis.
Stats., the Villages of Prairie du Sac and Sauk City and the Town
of Roxbury jointly agree:
The Sauk Prairie Court Commission shall consist
of three members, one each appointed by the Village Boards of the
Village of Prairie du Sac and Village of Sauk City and the remaining
member appointed at large by the two members appointed by the respective
Village Boards. Effective April 1, 2009, a fourth member of the Sauk
Prairie Court Commission shall be added to the Commission; such fourth
member shall be appointed by Roxbury Town Board, shall be a nonvoting
advisory member of the Commission, shall serve a two-year term, shall
not have the right to vote on any matters before the Commission, shall
have the right to participate in and be notified of Commission meetings,
shall not have the right to be elected as an officer of the Commission,
and shall not be counted for purposes of a quorum. Members of the
Sauk Prairie Court Commission shall serve two-year terms starting
May 1. The Sauk Prairie Court Commission members shall appoint a Chairperson
annually. The initial appointments shall be for one or two years,
as the case may be, to allow for the staggering of terms so that no
more than 2/3 of the members of the Commission are appointed in any
year. The Sauk Prairie Court Commission shall meet as necessary to
authorize employee salaries, compile and submit an annual budget to
the Village and Town Boards by September 1 of each year, and conduct
other business as required.
A.
Qualifications. The Municipal Court shall be under
the jurisdiction of and presided over by a Municipal Judge, who shall
be licensed to practice law in the State of Wisconsin, and who shall
reside in the Village of Prairie du Sac or Village of Sauk City or
the Town of Roxbury and shall have a general understanding of the
general requirements of the office of Municipal Judge.
B.
Oath and bond. The Judge shall, after election or
appointment to fill a vacancy, take and file the official oath as
prescribed in § 757.02(1), Wis. Stats., and at the same
time execute and file an official bond in the amount of $10,000. The
Judge shall not act until the oath and bond have been filed as required
by § 19.01(4)(c), Wis. Stats., and the requirements of § 755.03(2),
Wis. Stats., have been satisfied. The Sauk Prairie Court Commission
shall pay for expenses associated with obtaining the oath and bond.
C.
Term. Commencing with judicial elections held on and
after January 1, 2011, the Municipal Judge shall be elected at large
every fourth spring election, for a term of four years. Such term
shall commence on May 1 of the year of the judge's election. All candidates
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 Sauk County Clerk shall serve as filing officer for the
position of Municipal Judge. Electors in the Village of Prairie du
Sac, Village of Sauk City and Town of Roxbury are eligible to vote
for Municipal Judge.
[Amended 11-9-2010 by Ord. No. 2010-3]
D.
Vacancy. A permanent vacancy in the office of Municipal
Judge may be filled by temporary appointment of the Sauk Prairie Court
Commission as provided for in § 8.50(4)(fm), Wis. Stats.
The office shall be permanently filled by special election in the
manner provided for in said statute.
E.
Salary. The salary of the Municipal Judge shall be
fixed by resolution of the Sauk Prairie Court Commission. No salary
shall be paid if such Judge has not executed the official bond or
official oath.
A.
The Municipal Court has jurisdiction over incidents
occurring on or after January 1, 2004, as provided in Article VII,
§ 14 of the Wisconsin Constitution, §§ 755.045
and 755.05, Wis. Stats., and as otherwise provided by the laws of
Wisconsin. In addition, it shall have exclusive jurisdiction over
actions in the Village of Prairie du Sac, Village of Sauk City, and,
after April 1, 2009, in the Town of Roxbury, seeking 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 Municipal Court under §§ 755.045(2)
and 66.0119, Wis. Stats.
A.
Hours. The Municipal Court shall be open at such location
and at such times as determined by the Sauk Prairie Court Commission.
B.
Employees. The Municipal Judge shall appoint such
Clerks and Deputy Clerks as are authorized by the Sauk Prairie Court
Commission and funded by the Village Boards of the Village of Prairie
du Sac and Village of Sauk City. The Sauk Prairie Court Commission
shall fix salaries and wages for all Clerks and Deputy Clerks. The
duties for all Clerks and Deputy Clerks shall be as determined by
the Sauk Prairie Court Commission. All Clerks and Deputy Clerks, before
entering upon the duties of the office, shall take the appropriate
oath and give a bond if a bond is required by the Sauk Prairie Court
Commission. The Sauk Prairie Court Commission shall pay the cost of
such bond. The oath and any bond shall be filed with the Clerks of
each municipality that is a member of the Commission. The Town of
Roxbury shall contribute to the cost of operations for the Municipal
Court through a fee and contribution schedule adopted by separate
mutual agreement of the Villages and the Town.
C.
Collection of forfeitures and costs. The Municipal
Judge may impose punishment and sentences as provided by Chs. 800
and 938, Wis. Stats., and as provided in the ordinances of the Village
of Prairie du Sac, Village of Sauk City and the Town of Roxbury. All
forfeitures, fees, assessments, surcharges and costs shall be paid
to the joint Municipal Court Clerk within seven days after receipt
of the money by the Municipal Court.
The Municipal Judge may impose a forfeiture
for contempt or, upon nonpayment of the forfeiture and applicable
assessments, a jail sentence. The Municipal Judge may impose the maximum
forfeiture and maximum jail sentence allowed by Wisconsin law.
This chapter shall take effect upon its approval
by the Village Boards of the Village of Prairie du Sac, Village of
Sauk City and Town of Roxbury, publication of this chapter as required
by law and the approval and execution of an agreement between the
Village of Prairie du Sac, Village of Sauk City and Town of Roxbury
pursuant to §§ 755.01(4) and 66.0301, Wis. Stats, with
said approval to be effective by the enactment of this substantively
identical ordinance[1] in each municipality.
[1]
Editor's Note: The words "this substantively
identical ordinance" refer to Ord. No. 2009-2.
A.
Town deposit schedule established. The schedule of
deposits for violations of Town ordinances, other than traffic regulations,
are as set forth elsewhere in the Town Ordinances, which schedule
shall be applicable until such time as the Municipal Judge establishes
a new schedule pursuant to § 800.03(3), Wis. Stats., and
submits it to the Town Board for approval.
B.
Traffic and all-terrain vehicle 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 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.
C.
Stipulation and deposits in lieu of court appearance.
Persons cited for violations of Town ordinances 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.
Deposits may be made in cash or by money order or certified check,
in person or by postage-paid United States mail, addressed to the
Municipal Court, who shall provide a receipt therefor.
