[HISTORY: Adopted by the Village Board of the Village of Black Earth 10-8-2014 by Ord. No. 14-O-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 15, Court, Municipal, adopted 2-3-2004 by Ord. No. 04-O-2 (§ 15.06 of the 1990 Code). This ordinance provided for an effective date of 5-1-2015.
A Municipal Court for the Village of Black Earth is established. The Municipal Court shall be a joint Municipal Court with the Village of Mazomanie pursuant to an intergovernmental agreement ("the Intergovernmental Agreement").
[1]
Editor's Note: The former Joint Municipal Court for the Village of Black Earth and the Town of Black Earth was discontinued 10-8-2014 by Ord. No. 14-O-1, effective 4-30-2015.
The Municipal Court's procedures shall be consistent with Wisconsin law.
A. 
Place. The Municipal Court shall be held in the Village of Mazomanie Village Hall or at such other locations as determined by the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement.
B. 
Days and hours. The Municipal Court shall be in session on such days and at such hours as the Municipal Judge determines to be reasonable and appropriate.
There is hereby created the office of Municipal Judge for the Municipal Court for the Villages of Mazomanie and Black Earth, Wisconsin.
A. 
The Municipal Judge shall be elected at large at the spring election in the odd-numbered years for a term of four years commencing on May 1 succeeding the election.
B. 
The Municipal Judge shall execute and file with the Clerk of the Circuit Court for Dane County the oath prescribed by § 755.03, Wis. Stats., and an official bond in such amount as shall be fixed by the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement.
A. 
Bonds for appearance, partial payments and other funds collected by the Court shall be treated as escrow funds and deposited with the Clerk of the Municipal Court.
B. 
The Clerk of the Municipal Court shall collect all forfeitures and costs in any action or proceeding before the Municipal Court. All forfeitures and costs shall be disbursed by the Clerk as authorized by applicable law and by the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement. At the time of payment, the Municipal Court Clerk shall file with the appropriate Village Clerk-Treasurer the title of the action, the offense for which the forfeiture was imposed, the total amount of the forfeiture, fees, penalty assessments and costs, if any, an itemized schedule listing persons against whom forfeitures are assessed, forfeitures paid, penalties assessed, balance of penalty due and due date. This list shall be kept current as to the disposition of moneys due the appropriate Village and attempts being made to collect outstanding moneys. The Clerk of the Municipal Court shall disburse the fees as provided in § 814.65, Wis. Stats., and disburse any penalty assessments pursuant to § 66.0114(1)(bm), Wis. Stats.
C. 
Warrant fees shall be as set by the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement.
D. 
Except as otherwise provided for in this chapter, all Municipal Court costs and fees shall be in the maximum amount permitted by law.
Chapters 755 and 800, Wis. Stats., as amended from time to time, are hereby adopted by reference.
A. 
Appointment. The Municipal Judge shall in writing appoint a Clerk of the Municipal Court. The Clerk's salary shall be fixed by the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement. The Clerk of the Municipal Court shall hold office for an indefinite term of office, which term may be ended at any time by action of the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement. The Clerk shall, before entering upon the duties of his office, take the oath provided by § 19.01, Wis. Stats., and give such bond as the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement may require. The oath and bond of the Clerk of the Municipal Court shall be filed with the Clerk-Treasurer of both Black Earth and Mazomanie. The cost of such bond shall be paid by Black Earth and Mazomanie in accordance with the Intergovernmental Agreement.
B. 
Duties. The Municipal Court Clerk shall:
(1) 
File and review citations and complaints, assuring their correctness;
(2) 
Reply to departmental mail concerning routine matters as prescribed by the Municipal Judge;
(3) 
Assign docket numbers to citations and complaints, type the docket sheets and gather all material pertinent to cases;
(4) 
Determine and schedule Court dates and facilities;
(5) 
Arrange for juvenile cases to be heard away from regular Court;
(6) 
Communicate with law officers, attorneys and defendants regarding Court proceedings;
(7) 
Balance dockets at the conclusion of Court proceedings and submit a copy to the police Court officer and official newspaper;
(8) 
Prepare and mail warrants and summons;
(9) 
Prepare a monthly report of financial activities;
(10) 
Assist in the collection of traffic bonds;
(11) 
Prepare necessary communications for jury trials and transfers to Circuit Court; and
(12) 
Perform such other duties as may be required by the Municipal Judge and the village boards of Black Earth and Mazomanie in accordance with the Intergovernmental Agreement.
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.