[HISTORY: Adopted by the Town Board of the Town of Winneconne 8-21-2008. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 18, Court, Municipal, adopted 4-20-2000 (§ 1.08 of the 1994 Code), as amended.
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby created and established a Joint Municipal Court to be designated "Municipal Court for the Village of Winneconne, Town of Winneconne and the Town of Vinland," said Court to become operative and function on October 1, 2008.
Qualifications. The Joint Court shall be under the jurisdiction of and presided over by a Municipal Judge who resides in one of the municipalities that is a party to the agreement forming this joint Court.
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 $20,000. 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) have been complied with.
Salary. The salary of the Municipal Judge shall be fixed by the Village Board of the Village of Winneconne, the Town Board of the Town of Winneconne and the Town Board of the Town of Vinland 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 the official bond or official oath, as required by § 755.03, Wis. Stats., and filed pursuant § 19.01(4) (c), Wis. Stats. The municipalities may, by separate ordinance, allocate funds for the administration of the Municipal Court pursuant to § 66.0301, Wis. Stats.
Term. The Municipal Judge shall be elected at large in the spring election commencing with April 2009 for a term of two years commencing on May 1 succeeding his or her 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 State Elections Board shall serve as filing office for the candidates.
Electors. Electors in all municipalities that are parties to the agreement shall vote for Judge.
The Municipal Court shall have jurisdiction over incidents occurring on or after October 1, 2008, 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 municipalities that are parties to the agreement and seek to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.
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.
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.
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.
Employees. The Judge shall, in writing, appoint such clerks and deputy clerks as are authorized and funded by the Village Board of the Village of Winneconne, the Town Board of the Town of Vinland and the Town Board of the Town of Winneconne.
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 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 seven 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 the total amount of judgments imposed in actions and proceedings in which such moneys 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., for contempt of court and may impose a forfeiture therefore not to exceed fifty dollars $50 or, upon nonpayment of the forfeiture and the assessments thereon, a jail sentence not to exceed seven (7) days.
The Municipal Court hereby established shall not be abolished while the agreement under § 755.01(4), Wis. Stats., is in effect.