[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988 as §§ 2-3-10 and 2-3-11 of the 1988 Code. Amendments noted where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby established the Municipal Court for the Village of Mazomanie, Wisconsin.
Editor's Note: Ord. No. 2014-5, adopted 10-28-2014, established a Joint Municipal Court between the Village of Black Earth and the Village of Mazomanie. Said ordinance also provided for certain amendments to this chapter in a separate Exhibit A, a copy of which is on file in the Village offices.
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby created the office of Municipal Judge for the Municipal Court for the Village of Mazomanie, Wisconsin.
The Municipal Judge shall be elected at large at the spring election in the odd-numbered years for a term of two years commencing on May 1 succeeding the election. The Municipal Judge shall be subject to the Wisconsin Code of Judicial Ethics and shall file an annual financial statement.
The salary of the Municipal Judge may be increased for a new term prior to the beginning of the term for the Judge, or for the second year of a term before the start of the second year of the term of the Judge, but the salary shall not be decreased during a term of the Judge. Salaries may be paid annually or in equal installments as determined by the Village Board, but no Judge may be paid a salary for that portion of any term during which portion the Judge has not executed the official bond or official oath as required by § 755.03, Wis. Stats., and filed under § 19.01(4)(c), Wis. Stats., as amended.
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 Board.
The procedure in Municipal Court for the Village of Mazomanie shall be as provided by this chapter and state law, including, but not by way of limitation, Chs. 62, 66, 755 and 800, Wis. Stats.
The Municipal Court shall be open as determined by the Municipal Judge. The first court session of each month shall be for pretrials and arraignments and the second court session of each month shall be for trials.
The Municipal Judge shall keep his office and hold court in the Municipal Building.
If the Municipal Judge is temporarily absent, sick or disabled, the provisions of § 800.06(1), Wis. Stats., shall apply, and if the Municipal Judge becomes incompetent or unable to act or fails to act, or in the event of a vacancy, the provisions of § 800.06(2), Wis. Stats., shall apply. Any substitute Municipal Judge designated or assigned hereunder shall be compensated as authorized by the Village Board. The Municipal Judge shall satisfy all continuing education requirements for municipal judges.
Upon the proper and timely written request for substitution of the Municipal Judge, the provisions of § 800.05, Wis. Stats., shall apply.
The procedures of the Municipal Court shall be in accord with the applicable Wisconsin Statutes and Village ordinances. The Court shall abide by the Wisconsin Rules of Evidence and shall abide by the Uniform State Traffic Deposit Schedule. In non-traffic matters, the Village Attorney shall draft a bond schedule, which shall become effective upon approval by the Village Board. No bond shall exceed the maximum penalty which could be imposed for the ordinance violation. The Municipal Judge shall administer and collect subpoena and warrant fees.
The Municipal Judge shall, where a case has been submitted to him in final form, issue a determination of guilt or innocence within 30 days thereafter.
Bonds for appearance, partial payments and other funds collected by the Court shall be treated as escrow funds and deposited with the Clerk-Treasurer.
The Clerk of the Municipal Court shall collect all forfeitures and costs in any action or proceeding before him and shall pay over such moneys to the Village Clerk-Treasurer not later than the seventh business day succeeding his receipt thereof. At the time of payment, the Municipal Court Clerk shall file with the 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 Village and attempts being made to collect outstanding moneys. The Village Clerk-Treasurer shall disburse the fees as provided in § 814.65, Wis. Stats., and disburse any penalty assessments pursuant to § 66.0114(1)(bm), Wis. Stats. The Municipal Judge shall maintain records of his court and file records with appropriate agencies, with complete dispositions, with a copy forwarded to the Police Department.
Warrant fees shall be as set by the Village Board.
In each Municipal Court action, except an action for violation of an ordinance in conformity with § 347.48(2m), the Municipal Judge shall collect a fee of $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, an issuance of a warrant or summons, or the action is tried as a contested matter. Upon collection, the fee shall be disbursed pursuant to § 814.65(1), Wis. Stats.
[Added 1-27-1998 by Ord. No. 1998-1]
The Village Board may by ordinance or by law abolish the Municipal Court at the end of any term for which the Judge has been elected.
Chapters 755 and 800, Wis. Stats., are hereby adopted by reference.
Appointment. The Municipal Judge shall in writing appoint a Clerk of the Municipal Court. The Clerk's salary shall be fixed by the Village Board. The Clerk of the Municipal Court shall hold office for an indefinite term of office. 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 Board may require. The oath and bond of the Clerk of the Municipal Court shall be filed with the Clerk-Treasurer. The cost of such bond shall be paid by the Village.
Duties. The Court Clerk shall:
File and review citations and complaints, assuring their correctness;
Reply to departmental mail concerning routine matters as prescribed by the Municipal Judge;
Assign docket numbers to citations and complaints, type the docket sheets and gather all material pertinent to cases;
Determine and schedule Court dates and facilities;
Arrange for juvenile cases to be heard away from regular Court;
Communicate with law officers, attorneys and defendants regarding court proceedings;
Balance dockets at the conclusion of court proceedings and submit a copy to the police court officer and official newspaper;
Prepare and mail warrants and summons;
Prepare a monthly report of financial activities;
Assist in the collection of traffic bonds;
Prepare necessary communications for jury trials and transfers to Circuit Court; and
Perform such other duties as may be required by the Municipal Judge and Village Board.
[Added 11-26-2002 by Ord. No. 2002-7]
The Board does hereby adopt Ch. 785, Wis. Stats., granting to the Municipal Judge for the Village of Mazomanie the contempt of court powers as set forth in Ch. 785, Wis. Stats.