[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 2,
Ch. 6, of the 1993 Code. Amendments noted where applicable.]
Pursuant to Ch. 755, Wis. Stats., there is hereby created and
established a Joint Municipal Court designated the "Northern Waupaca
County Joint Municipal Court" (hereinafter also known as "Joint Municipal
Court") for the City of Clintonville, the Village of Iola, the City
of Manawa, the City of Marion, and the Village of Ogdensburg (hereinafter
also known as "member municipalities") presided over by a Municipal
Judge.
A.
The purpose of the Municipal Court Committee (hereinafter also known
as "Committee") shall be to facilitate the orderly administration
and communication between the Municipal Judge and the governing bodies
of the member municipalities.
B.
The Committee shall be comprised of one representative of the City
of Clintonville, the Village of Iola, the City of Manawa, and the
City of Marion, who shall be appointed by the Mayor or President of
the member municipality, subject to confirmation by the respective
governing body, and in addition one member who shall be the Chief
of Police of a member municipality; the initial member of this Committee
shall be the Chief of Police of the City of Marion, replaced on a
yearly basis by means of rotation among the Chiefs of Police. The
Chiefs of Police will rotate as follows: Clintonville, Iola, Manawa,
and Marion. In order to assure participation and continuity of representation,
each member municipality may appoint an alternate representative who
shall act on Committee matters in the absence of the representative.
Pursuant to Ch. 755, Wis. Stats., the office of Municipal Judge
is hereby created.
A.
Qualifications. The Joint Municipal Court shall be under the jurisdiction
of and presided over by a Municipal Judge who resides in one of the
member municipalities.
B.
Bond and oath. The Municipal Judge shall, after election or appointment
to fill a vacancy, take and file the official oath as prescribed in
§ 757.02, Wis. Stats., pursuant to § 755.03, Wis.
Stats., with the Clerk of the Circuit Court for Waupaca County and
at the same time shall execute and file an official bond. The Municipal
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 § 755.02,
Wis. Stats., have been complied with.
C.
Salary. The Municipal Judge shall receive a fixed salary and municipal
judge training pursuant to §§ 755.18 and 755.04, Wis.
Stats., the salary to be determined by the governing bodies of the
member municipalities, subject to § 755.04, Wis. Stats.,
which shall be in lieu of fees and costs. The salary shall be paid
quarterly. No salary shall be paid nor action taken by the Municipal
Judge for any time during his or her term for which he or she has
not executed and filed the official bond and oath pursuant to §§ 755.03(1)
and 19.01(4)(c), Wis. Stats.
A.
Term. The Municipal Judge shall be elected at large in the spring
election for a four-year term commencing on May 1 succeeding his or
her election. A permanent vacancy in the office of Municipal Judge
shall be filled as prescribed in § 8.50(4)(fm), Wis. Stats.
All candidates seeking to be elected 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 State Elections Board
shall serve as filing officer for the candidates.[1]
B.
Electors. Electors of the member municipalities shall be eligible
to vote for the Municipal Judge of the Joint Municipal Court.
Pursuant to § 755.10, Wis. Stats., the office of the
Clerk of the Joint Municipal Court is hereby created.
A.
Employees. The Judge shall, in writing, appoint the Clerk of the
Joint Municipal Court and appoint Deputy Clerks as authorized by the
governing bodies of the member municipalities.
B.
Salary. Training and compensation of said Clerk shall be as determined
by the governing bodies of the member municipalities.
C.
Bond and oath. The Clerk of Municipal Court and/or Deputy Clerk shall,
before entering upon the duties of the office, take and file the official
oath as prescribed in § 19.01, Wis. Stats., with the City
Clerk of the City of Clintonville and at the same time shall execute
and file an official bond. The Clintonville City Clerk will provide
file copies to the municipal clerks of the other member municipalities.
A.
The Joint Municipal Court shall have jurisdiction over incidents
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 member municipalities which seek to impose forfeitures
for violations of municipal ordinances, resolutions and bylaws.
B.
The Municipal Judge may issue civil warrants to enforce matters under
the jurisdiction of the Joint Municipal Court under §§ 755.045(2)
and 66.0119, Wis. Stats.
C.
The Joint Municipal Court has jurisdiction over juvenile offenders
when a member municipality enacts an ordinance under the authority
of § 938.17(2)(cm), Wis. Stats.
D.
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 member municipalities.
A.
The Joint Municipal Court location and time will be determined by
order of the Committee and the Municipal Judge.
B.
The procedure in Joint Municipal Court shall be provided by the Wisconsin
Statutes and Wisconsin Supreme Court Rules.
C.
The Clerk of the Joint Municipal Court shall make daily deposits
of all forfeitures, fees, penalties, assessments and costs collected
in any action or proceeding before the Joint Municipal Court. These
deposits will be made to a designated bank account as determined by
the Committee.
The Municipal Judge may impose a sanction as 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 Joint Municipal Court hereby established shall not be abolished
while the § 755.01(4), Wis. Stats., agreement is in effect.
