[HISTORY: Adopted by the Common Council of the City of Prescott
as Secs. 2-3-13 and 2-3-14 of the former City Code. Amendments noted
where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there
is hereby established a Municipal Court for the City of Prescott.
A.
Office of Municipal Judge created. 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 City of Prescott. Mid-term vacancies
in the office of Municipal Judge shall be filled by special election
to be held not less than 55 nor more than 70 days after the order
of the Council therefor.
B.
Election; term. The Municipal Judge shall be elected at large at
the spring election on the even-numbered years for a term of four
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.
[Amended 8-9-2010 by Ord.
No. 09-10]
C.
Salary. The salary of the Municipal Judge may be increased for a
new term prior to the beginning of the term for the Judge, but the
salary shall not be decreased during the term of the Judge. Salaries
may be paid annually or in equal installments as determined by the
Common Council, 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 salary shall be as established by the Common Council.[1]
D.
Bond; oath. The Municipal Judge shall execute and file with the Clerk
of the Circuit Court for Pierce County the oath prescribed by § 755.03,
Wis. Stats., and an official bond in such an amount of $1,000.
The Municipal Judge shall have jurisdiction as provided by law
and § 755.045, Wis. Stats., and exclusive jurisdiction of
violations of City ordinances and resolutions.
A.
The Municipal Judge shall keep his/her office and hold court in the
Prescott City Hall.
B.
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, unable, 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 Common
Council. The Municipal Judge shall satisfy all continuing education
requirements for municipal judges.
C.
Upon the proper and timely written request for substitution of the
Municipal Judge, the provisions of § 800.05, Wis. Stats.,
shall apply.
D.
The procedure in Municipal Court for the City shall be as provided
by this section and state law, including, without limitation because
of enumeration, Chapters 755 and 800 and §§ 23.66 to
23.99, 778.14, 778.15, 778.18 and 345.20 to 345.53, Wis. Stats. The
Court shall abide by the Wisconsin Rules of Evidence and shall abide
by the Uniform State Traffic Deposit Schedule. In nontraffic matters,
the Municipal Judge shall draft a bond schedule, which shall become
effective upon approval by the Common Council. No bond shall exceed
the maximum penalty which could be imposed for the ordinance violation.
A.
Bonds for appearance, partial payments, and other funds collected
by the Court shall be treated as escrow funds and deposited with the
City Treasurer.
B.
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 City Treasurer within 30 days after receipt of the money
by the Municipal Court. At the time of payment, the Municipal Court
Clerk shall report to the City Treasurer the title of the action,
the offense for which the forfeiture was imposed and the total amount
of the forfeiture, fees, penalty assessments and costs, if any. The
City Treasurer shall disburse the fees as provided in § 814.65,
Wis. Stats., and disburse any penalty assessments pursuant to § 66.0114,
Wis. Stats.[1]
The Common Council 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.
Section 800.12, Municipal court contempt procedure, Wis. Stats.,
is hereby adopted by reference.
A.
The Municipal Judge shall establish and submit to the Council for
approval a schedule of deposits for violations of City ordinances,
resolutions and bylaws, except traffic regulations, which are governed
by § 345.27, Wis. Stats. When approved by the Council, such
deposit schedule shall be posted in the office of the Municipal Court
Clerk and the City Police Department.
B.
Persons cited for violations of City ordinances, resolutions or bylaws
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 by state law.
A.
Appointment. The Municipal Judge shall, in writing, appoint a Clerk
of the Municipal Court. The Clerk's salary shall be fixed by
the Common Council. The Clerk shall, before entering upon the duties
of his office, take the oath provided by § 19.01, Wis. Stats.
The oath of the Clerk of Municipal Court shall be filed with the Clerk.
[Amended 1-9-2012 by Ord.
No. 20-11[1]]
B.
Duties. The Court Clerk shall:
(1)
File and review citations and complaints, assuring their correctness;
(2)
Reply to departmental mail concerning routine matters as prescribed
by the Municipal Judge;
(3)
Assign docket numbers to citations and complaints, type the docket
sheets, and gather all material pertinent to cases;
(4)
Determine and schedule court dates and facilities;
(5)
Communicate with law officers, attorneys, and defendants regarding
court proceedings;
(6)
Balance dockets at the conclusion of court proceedings;
(7)
Prepare and mail warrants and summons;
(8)
Prepare monthly report of financial activities;
(9)
Assist in the collection of traffic bonds;
(10)
Prepare necessary communications for jury trials and transfers
to circuit court;
(11)
Perform such other duties specified in the Wisconsin Statutes
as may hereafter be prescribed by the Common Council.
