Village of Kronenwetter, WI
Marathon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Kronenwetter 11-22-2010 by Ord. No. 10-16 (Ch. 28 of the 2004 Code). Amendments noted where applicable.]
[Amended 12-9-2014 by Ord. No. 14-17[1]]
Pursuant to the authority granted by Chapter 755, Wis. Stats., there is hereby created and established a municipal court to be designated "Municipal Court for the Village of Kronenwetter," said court to become operative and functional on May 1, 2015.
[1]
Editor’s Note: Pursuant to this ordinance, the title of this chapter, which was formerly Court, Joint Municipal, was also amended.
A. 
Qualifications. The Municipal Court shall be under the jurisdiction of and presided over by a Municipal Judge, who shall be an attorney licensed to practice law in Wisconsin, and who resides within the Village of Kronenwetter.
[Amended 12-9-2014 by Ord. No. 14-17]
B. 
Oath and bond. The Judge shall, after election or appointment to fill a vacancy, take and subscribe 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 $55,000. 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.
C. 
Salary. The salary of the Municipal Judge shall be fixed by the Village Board which shall be in lieu of fees and costs. No salary shall be paid for any time during the terms 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)(c), Wis. Stats.
[Amended 12-9-2014 by Ord. No. 14-17]
D. 
The Municipal Judge shall participate in a program of continuing education as required by the Wisconsin Supreme Court.
E. 
The Municipal Judge shall wear a black robe while presiding in the Municipal Court except when exceptional circumstances exist.
[Amended 12-9-2014 by Ord. No. 14-17]
A. 
Term. The Municipal Judge shall be elected at large in the spring election in odd-numbered years for a term of four years commencing on May 1, 2015. 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 needed as provided in § 8.11, Wis. Stats. The Elections Division of the Government Accountability Board shall serve as filing officer for the candidates.
B. 
Electors. Electors in the Village of Kronenwetter shall vote for the Municipal Judge.
[Amended 12-9-2014 by Ord. No. 14-17]
In the event the Municipal Judge is ill, absent or unable to.perform the duties of the office, the provisions of Wis. Stats. § 800.06(1), shall apply. In the event of a permanent vacancy, the Chief Judge of the Judicial Administrative District may, upon request of the Village Board, designate another Municipal Judge to perform the duties of the office until the Village Board fills the vacancy by temporary appointment pursuant to the provisions of § 8.50(4)(fm), Wis. Stats. Substitute and Interim Municipal Judges are subject to this chapter in the same manner as is the Municipal Judge. Substitute and Interim Municipal Judges shall receive the same salary as does the Municipal Judge, prorated if necessary.
A. 
The Municipal Court shall have jurisdiction on and after May 1, 2015, 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 municipality seeking to impose forfeitures for violations of municipal ordinances.
[Amended 12-9-2014 by Ord. No. 14-17]
B. 
The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under § 755.045(2), Wis. Stats., and inspection warrants under § 66.0119, Wis. Stats.
C. 
The Municipal Court shall have jurisdiction over juvenile offenders when the Village of Kronenwetter enacts an ordinance under the authority of § 938.17(2)(cm), Wis. Stats.
[Amended 12-9-2014 by Ord. No. 14-17]
A. 
Hours. The Municipal Court shall be open at such location and at such times as determined by the Municipal Judge and approved by the Village of Kronenwetter Village Board.
[Amended 12-9-2014 by Ord. No. 14-17]
B. 
The courtroom for the Municipal Court shall be in a public building and shall be located in an area separate from the Police Department by design or signage. The courtroom shall be designed and furnished to create and promote the proper atmosphere of dignity and decorum for the operation of the Court.
C. 
Employees. The Judge shall, in writing, appoint the personnel that are authorized by the Village of Kronenwetter Village Board.
[Amended 12-9-2014 by Ord. No. 14-17]
(1) 
The hiring, termination, hours of employment, and work responsibilities of the Court personnel, when working during hours assigned to the Court, shall be under the Judge's authority.
(2) 
The Court personnel's salaries shall be fixed by the Village of Kronenwetter Village Board.
(3) 
The clerks shall, before entering upon the duties of their offices, take the oath provided by § 19.01, Wis. Stats.
(4) 
All personnel employed by the Municipal Court shall be located in an area separate and distinct from the Police Department by design or signage.
(5) 
Municipal Court clerks shall participate in a program of continuing education as required by the Wisconsin Supreme Court.
D. 
The procedures of the Municipal Court shall be in accord with the applicable Wisconsin Statutes and Village ordinances. The Court shall abide by the Wisconsin Rules of Evidence and the Uniform State Traffic Deposit Schedule. In nontraffic matters, a bond schedule shall be set which shall become effective upon approval by the Municipal Judge. No bond shall exceed the maximum penalty which could be imposed for the ordinance violation.
[Amended 12-9-2014 by Ord. No. 14-17]
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 Village of Kronenwetter. All forfeitures, fees, assessments, surcharges and costs paid to the Municipal Court under a judgment before the Municipal Judge shall be reported and paid to the Municipal Treasurer of the Village of Kronenwetter within 30 days after receipt of the money by the Municipal Court.
A. 
In this section, "contempt of court" means any of the following intentional acts:
(1) 
Misconduct in the presence of the Court that interferes with the Court proceeding or with the administration of justice, or that impairs the respect due the Court.
(2) 
Refusal of a witness to appear without reasonable excuse.
B. 
A Judge may impose a forfeiture in an amount not to exceed $200 for a contempt of court.
C. 
For a contempt of court described in Subsection A(1), the Judge may impose imprisonment in the county jail for not more than seven days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:
(1) 
For the purpose of preserving order in the Court and protecting the authority and dignity of the Court.
(2) 
After allowing the person who committed the contempt of Court an opportunity to address the Court.
D. 
For a contempt of court described in Subsection A(2), the Judge may do any of the following:
(1) 
Issue a warrant to bring the witness before the Court for the contempt and to testify.
(2) 
In addition to ordering the witness to pay a forfeiture under Subsection B, the Judge may order the witness to pay all costs of the witness's apprehension.
The Municipal Court hereby established shall not be abolished while the § 755.01(4), Wis. Stats., agreement is in effect.