[HISTORY: Adopted by the Village Board of the Village of
Rothschild 4-7-2016.[1] Amendments noted where applicable.]
[1]
This ordinance also repealed, as of 7-1-2016, former Ch. 26,
Court, Municipal, adopted 11-17-2014 and provided that it would be
in full force and effect from 7-1-2016 and after the date of passage
by both the Village of Rothschild and the Village of Marathon City
and its publication as required by law.
[Amended 4-10-2023]
Pursuant to the authority granted by Chapter 755 and § 66.0301
of the Wisconsin Statutes, there is hereby created and established
a Joint Municipal Court to be designated "Municipal Court for the
Village of Rothschild, Village of Edgar, and the Village of Marathon
City," said court to become operative and function as of May 1, 2023.
A.
Qualifications. The Joint Court shall be under the jurisdiction of
and presided over by a Municipal Judge, who shall be an attorney licensed
to practice law in Wisconsin and who resides in one of the municipalities
that is a party to the agreement forming this Joint Court.
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,
Wis. Stats., and at the same time execute and file an official bond.
The Judge shall not act until the oath and bond have been filed as
required by § 755.03.
C.
Salary. The salary of the Municipal Judge shall be fixed by the Village
Boards of the municipalities that are parties to the agreement, which
shall be in lieu of fees and costs. No salary shall be paid for any
time during the term during which such Judge has not executed and
filed the official bond or official oath, as required by § 755.03,
Wis. Stats. The municipalities may, by separate ordinance, allocate
funds for the administration of the Municipal Court pursuant to § 66.0301
Wis. Stats.
A.
Term. The Municipal Judge shall be elected at large in the spring
election in odd-numbered years for a term of four years commencing
on May 1. 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 County Clerk shall serve
as filing officer for the candidates.
B.
Electors: Electors in all municipalities that are parties to the
agreement shall vote for judge.
A.
The Municipal Court shall have jurisdiction over incidents occurring
on or after July 1, 2016, for the Village of Rothschild and Village
of Marathon City, and incidents occurring on or after May 1, 2023,
for the Village of Edgar as provided in Article VII, § 14
of the Wisconsin Constitution, §§ 755.045 and 755.05,
Wis. Stats., and as otherwise provided in state law. In addition,
it shall have exclusive jurisdiction over actions in the municipalities
that are parties to the agreement seeking to impose forfeitures for
violations of municipal ordinances, resolutions, and bylaws.
[Amended 4-10-2023]
C.
The Municipal Court has jurisdiction over juvenile offenders when
a municipality that is party to the agreement enacts an ordinance
under the authority of § 938.17(2)(cm), Wis. Stats.
A.
Hours. The Municipal Court shall be open at such location and at
such times as determined by the governing bodies of the municipalities
that are parties to the agreement and the Municipal Judge.
B.
Employees. The Judge shall, in writing, appoint such clerks and deputy
clerks as are authorized and funded by the Village Boards of the municipalities
that are parties to the agreement.
The Municipal Judge may impose punishment and sentences as provided
by Chs. 800 and 938, Wis. Stats., and as provided by the municipalities
that are parties to the agreement. All forfeitures, fees, assessments,
surcharges and costs shall be paid to the Treasurer of the municipality
within which the case arose within 30 days after receipt of the money
by the Municipal Court. At the time of the payment, the Municipal
Court shall report to the Treasurer the title of the action, the nature
of the offenses and total amount of judgments imposed in actions and
proceedings in which such monies were collected.
The Municipal Judge, after affording an opportunity to the person
accused to be heard in defense, may impose a sanction authorized under
§ 800.12, Wis. Stats.
The Municipal Court hereby established shall not be abolished
while the § 755.01(4) agreement is in effect.
