[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.
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.
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.
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.