[HISTORY: Adopted by the Common Council of the City of Gillett as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-4-2003 by Ord. No. 2003–14]
The Common Council has previously established the Gillett Municipal Court, which has been in existence for more than 20 years. The purpose of this article is to formalize, by ordinance, the establishment of said Court and to include various provisions pertaining to the operation of said Court, some of which provisions were previously contained in Section 3.04 of the Municipal Code.[1]
[1]
Editor's Note: Former § 3.04, Municipal Judge, was repealed 12-4-2003 by Ord. No. 2003-13.
The City of Gillett hereby establishes a Municipal Court for the City of Gillett and reaffirms the establishment of said Court, which has been in existence for more than 20 years. This Court is created pursuant to Ch. 755, Wis. Stats. Said Court shall become operative and functional as of the passage and publication of this article. This article also reaffirms the current existing Municipal Court for the City of Gillett.
The Municipal Court and the Municipal Judge shall have jurisdiction as provided in §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by Wisconsin law.
The Municipal Court shall be presided over by a Municipal Judge.
A. 
Election; term. The Municipal Judge shall be elected at large by the electors of the City at the spring election of odd-numbered years and shall be elected for a term of four years. The Municipal Judge shall serve until a successor is elected and qualifies. Mid-term vacancies in the office of Municipal Judge shall be filled by appointment, as agreed upon by the Common Council, pursuant to § 8.50(4)(fm), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Salary. The Municipal Judge shall receive a monthly salary paid by the City, which shall be in lieu of fees and costs. No salary shall be paid to the Municipal Judge for any time during the term for which the official bond and oath have not been executed and filed, as required by Subsection C of this section.
C. 
Bond; oath. The Municipal Judge shall execute and file with the Clerk of Courts for Oconto County the oath prescribed by § 757.02, Wis. Stats., and a bond. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the City Clerk/Treasurer and a certified copy of the oath is filed with the office of the Director of State Courts, as required by § 755.03, Wis. Stats.
A. 
Sessions. The Municipal Court shall be open on the days and hours set by the Municipal Judge.
B. 
Location. The Municipal Judge shall hold court in the City Hall of the City of Gillett.
The procedure in the Municipal Court shall be as provided by this article and state law, including, without limitation because of enumeration, Chs. 800 and 755 and §§ 23.50 to 23.85, 345.11, 345.53, and 972.11(3m), Wis. Stats.
The Municipal Judge may impose punishment and forfeitures provided under Wisconsin law and as provided in the ordinances of the City. The Municipal Judge shall collect all forfeitures, penalty assessments, jail assessments, court costs, fees and taxable costs in any action or proceeding before the Municipal Court and shall pay over the amounts collected to the City Clerk/Treasurer within 15 days of receipt. At such time, the Municipal Judge also shall report to the Court Clerk the title of the action, the offense for which forfeiture was imposed, and the total amount of the forfeiture, assessment, fees and costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Municipal Judge may impose a sanction authorized under § 800.12(2), Wis. Stats., for contempt of court, as defined in § 785.01(1), Wis. Stats., in accordance with the procedures under § 785.03, Wis. Stats. The Municipal Judge may impose a forfeiture for contempt under § 800.12(1), Wis. Stats., in an amount not to exceed $200 or, upon nonpayment of the forfeiture, penalty assessment under § 757.05, Wis. Stats., jail assessment under § 302.46, Wis. Stats., crime laboratories and drug law enforcement assessment under § 165.755, Wis. Stats., any applicable consumer protection assessment under § 100.261, Wis. Stats., and any applicable domestic abuse assessment under § 973.055(1), Wis. Stats., a jail sentence not to exceed seven days.
A. 
Deposit schedule to be established. The Common Council shall adopt a bond schedule or ordinance setting forth the forfeitures and maximum penalty which can be imposed.[1] No bond shall exceed the maximum penalty which could be imposed for the ordinance violation.
[1]
Editor's Note: The current Bond Schedule is on file in City offices..
B. 
Stipulation and deposit in lieu of Court appearance. Persons cited for violations of City ordinances for which a deposit has been established under this section shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in §§ 800.035, 800.037, and 800.09, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C. 
Traffic and all-terrain vehicle deposits. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulation and deposits for violations of traffic regulations enacted in accordance with § 345.26, Wis. Stats., and all-terrain vehicle regulations enacted in accordance with § 23.33, Wis. Stats.
D. 
When not permitted. Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under § 4-8.
A. 
For a juvenile adjudged to have violated an ordinance, the Municipal Court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes.
B. 
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
C. 
The Municipal Judge may impose community service as an alternative to a monetary forfeiture in the case of a juvenile violator if the appropriate municipality has established a community service program. In such a case, the juvenile may be required to complete a community service project as specified by the Court. Supervision of the juvenile upon whom the sentence is imposed shall be the responsibility of the parent, parents or legal guardian having custody of the juvenile.
[Adopted 4-4-2019]
The City and Towns agree to continue a joint municipal court (hereinafter "Court"), as previously established by ordinance.
The City and Towns agree to share in the costs of administering the operation as follows:
A. 
The Towns shall pay to the City a sum of $25 for each citation issued by the Towns which is processed by the Court. The Towns shall make the payment to the Court Clerk within 30 days after the date scheduled for the initial appearance on each citation issued by the Towns.
B. 
If a citation issued by the Towns proceeds to trial, the Towns shall pay to the Court Clerk an additional $60 for the trial within 30 days after the trial.
C. 
All other costs of operating or administering the Court shall be paid by the City, including but not limited to: compensation and fringe benefits paid to the Municipal Judge, Clerk of Courts, and other court-related personnel (except the prosecuting attorney), office supplies, public notices, and other incidental expenses related to the operating of the Court by the City. Expenses for Towns' personnel, such as Town Constable, Code Enforcement Officer, or Town's Prosecutor, required to attend trials and hearings, and all costs associated with the service of process in such cases initiated by the Towns, shall be paid by the Towns. However, the Towns shall contribute the amount of $150 per year toward the cost of the City paying the cost of operating and administrating the Court, which yearly $150 shall be paid for the period of April 3, 2019 to April 2, 2024. In addition, the Towns shall be responsible for paying the actual jail cost that the County may charge the Court for any defendants who are incarcerated in the Oconto County jail. The parties understand that each party to this amendment/agreement shall be responsible for their own defendants who are convicted in said Court for violations of ordinances of the respective parties to this agreement.
D. 
All fines and forfeitures resulting from citations issued by the Towns and processed by the Court shall be paid to the City. Annually, the City shall pay to the Towns the full amount of the fines and forfeitures, except as stated in Subsection E. At that time, the City shall report to the Towns the title of each action; the offense for which each forfeiture was imposed; and the total amount of the judgment or sentence, including forfeitures, fines, assessments and costs.
E. 
Mandatory assessments and charges established by Wisconsin Statutes shall be added to all judgments entered by the Court. That portion of the statutory court cost that is normally retained by the City shall continue to be payable, in all cases adjudicated by the Court, to the City for purposes of paying a portion of the expenses of the Court.
F. 
Any other monies collected by the City through operation of the Court shall be retained by the City, except for taxable costs under Wisconsin Statutes, Chapter 814, actually paid by the Towns and ordered reimbursed as part of the judgment or sentence, which shall be paid to the Towns, together with fees and forfeitures on each citation.
This agreement shall remain in effect for an initial period coinciding with the term of the Municipal Judge, and shall automatically renew thereafter, on the same terms, for successive four-year periods, coinciding with the term of the Municipal Judge, unless any parties request a review of the substantive terms of this agreement within nine months prior to the end of the terms and the parties agree to amend the terms.
A. 
Any amendment or modification must be in writing, approved and executed by the City and the Towns.
B. 
This agreement may be terminated by either the City or the Towns collectively at the end of any term upon at least six months' prior written notice of termination to the other.
If any part, term or provision of this agreement is held by the courts to be illegal or otherwise unenforceable; such illegality or unenforceability shall not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the unenforceable part, term or provision was never part of the agreement.
This written agreement, and written amendments, together with the ordinance enacted by the City and Towns, copies of which are attached, shall constitute the entire agreement between the City and the Towns on the subject matter hereof.