Town of Winneconne, WI Court, Municipal

Pursuant to the authority granted by Chapter 755 of the Wisconsin Statutes, there is hereby created and established a Joint Municipal Court to be designated "Winneconne Municipal Court" and having jurisdiction over the Village of Winneconne, Town of Winneconne, Town of Vinland, the Town of Clayton, the Town of Neenah and the Town of Winchester said Court to become operative and function on November 1, 2020 or at such time as certification has been received from the Chief Judge of the Judicial Administrative District and notification has been provided to the director of state courts of the adoption of this chapter, whichever is later.

§ 18-2 Municipal Judge.

Qualifications. The Winneconne Municipal 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 the 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) Wis. Stats., and the requirements of § 755.03(2) have been complied with.

Salary. The salary of the Municipal Judge shall be determined and paid for by the Village Board of the Village of Winneconne. 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 to § 19.01(4) Wis. Stats. The municipalities may by separate ordinance allocate funds for the administration of the Winneconne Municipal Court pursuant to § 66.0302 Wis. Stats.

§ 18-3 Elections.

Term. Municipal Judges shall be elected at large and serve for a term of four years commencing on May 1 succeeding his or her election. The Municipal Judge currently serving the Winneconne Municipal Court at the time of passage of this chapter is an interim Judge who will serve until a special election is held in the spring of 2021 to elect a judge to complete the current four-year term. 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's office shall serve as filing officer for the candidates.

Electors. Electors in all municipalities that are parties to the agreement shall vote for judge.

§ 18-4 Jurisdiction.

The Winneconne Municipal Court shall have jurisdiction over incidents occurring on or after the establishment of the Winneconne Municipal Court 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 seeking 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 Winneconne Municipal Court under §§ 755.045(2) and 66.0119, Wis. Stats.

The Winneconne 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.

§ 18-5 Winneconne Municipal Court.

Hours. The Winneconne 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 determined and paid for by the Village Board of the Village of Winneconne. The Clerk of the Winneconne Municipal Court, shall, before entering upon the duties of office, take the oath provided in § 19.01, Wis. Stats., and give a bond if required by the Village Board. Oaths and bonds for such Clerks shall be filed with the Village Clerk-Treasurer. The cost of the bond shall be paid by the Village of Winneconne.

Duties. The Clerk of the Winneconne Municipal Court shall perform all duties as required by law and such other duties as are requested by the Municipal Judge.

§ 18-6 Collection of forfeitures and costs.

The Municipal Judge may impose punishment and sentences as provided by Chapters 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 Winneconne Municipal Court. Within 60 days after receipt of the money by the Winneconne Municipal Court, the forfeiture amount shall be paid to the treasurer of the municipality within which the case arose. The Winneconne Municipal Court shall pay all other fees, assessments, surcharges and costs to the appropriate governmental entity or agency. At the time of the payment, the Winneconne 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.

§ 18-7 Contempt of Court.

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., and may impose a forfeiture therefor not to exceed $200 plus costs, or upon nonpayment of the forfeiture and the assessments thereon, a jail sentence not to exceed seven days.

§ 18-8 Abolition.

The Winneconne Municipal Court hereby established shall not be abolished while the Joint Municipal Court Agreement under Wis. Stats. § 755.01(4) is in effect.