[Amended 7-1-2008 by Ord. No. 1259; 3-1-2011 by Charter Ord. No. C-12]
A. There is
created and established in the City of St. Francis, Wisconsin, a municipal
court designated "Municipal Court for the City of St. Francis, Wisconsin."
A municipal court created under this subsection is a coequal branch
of the municipal government, subject to the superintending authority
of the supreme court, through the chief judge of the judicial administrative
district. A temporary or permanent vacancy in the office of municipal
judge shall be filled under § 8.50(4)(fm), Wis. Stats.,
by an licensed attorney member of the Wisconsin State Bar in good
standing. The municipal court is not a court of record. The court
shall be maintained at the expense of the City of St. Francis. The
municipal governing body shall determine the amount budgeted for court
maintenance and operations. The budget of the municipal court shall
be separate from, or contained on a separate line item from, the budget
or line items of all other municipal departments.
B. A municipal
court shall appoint a guardian ad litem for any defendant that the
court has reason to believe is mentally incompetent.
C. Election;
term. The Municipal Judge shall be elected at large at the spring
election in even-numbered years for a term of four years commencing
on May 1 next succeeding his or her election. Midterm vacancies in
the office of Municipal Judge shall be filled by special election
to be held not less than 55 days nor more than 70 days after the order
of the Council thereof.
D. Salary. The
Municipal Judge shall receive a salary and other emoluments as set
by the Common Council from time to time, which shall be in lieu of
fees and costs. No salary shall be paid to the Judge for any time
during his term for which he has not executed and filed his official
bond and oath.
E. Bond; oath. The Municipal Judge shall, after election or appointment, take and file the official oath as prescribed in § 757.02(1), Wis. Stats., and at the same time execute and file an official bond in the sum as provided in §
105-5 of this Code. The governing body shall pay the costs of the bond. No judge may act as such until such judge files a certified copy of the oath with the office of director of state courts within the ten-day time period after the judge takes the oath.
F. Jurisdiction.
The Municipal Judge shall have jurisdiction as provided by law and
exclusive jurisdiction of violations of City ordinances, resolutions,
and bylaws.
G. Change of
Judge. Whenever it shall become necessary, by reason of request for
a new Judge being filed with the St. Francis Municipal Judge or for
other good reasons, to utilize the service of a Municipal Judge not
of St. Francis, then the City, upon voucher, shall compensate such
outside Municipal Judge from time to time for each day, or fractional
part thereof, of actual and necessary attendance at such St. Francis
Municipal Court.
The Municipal Court for the City is established
pursuant to § 755.01 and Ch. 755, Wis. Stats.
The Municipal Court for the City shall be open
as determined by order of the Municipal Judge.
The Municipal Judge shall keep his office and
hold court in the City Hall.
The procedure in Municipal Court for the City
shall be as provided by this chapter and the state law, including,
without limitation because of enumeration, Chs. 800, 755 and 778 and
§§ 23.66 to 23.99 and 345.20 to 345.53, Wis. Stats.
The Municipal Court shall collect all forfeitures,
penalty assessments, fees, and taxable costs in any action or proceeding
before it and shall pay over such moneys to the City Treasurer within
seven days of collection. At such time the Municipal Judge shall also
report to the City Clerk the title, nature of offenses and total amount
of judgments imposed in actions and proceedings in which such moneys
were collected.
[Amended 3-20-2012 by Ord. No. 1314]
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. The Municipal
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) of this section, the Municipal Judge may impose imprisonment in the county jail or house of correction 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) of this section, the Municipal 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 Municipal Judge may order the witness to pay all costs of the witness's apprehension.
The City of St. Francis has adopted and may,
from time to time, adopt certain sections of the Wisconsin Statutes
in this Code. Pursuant to the authority granted in § 66.0113(1)(a),
Wis. Stats., violations of such sections may be cited in Municipal
Court, and that specific authority is hereby adopted and authorized.
Uniform citations as provided in the Wisconsin Statutes and in this
Code shall be used for any such violations, as may be appropriate.
[Amended 7-1-2008 by Ord. No. 1259; 11-19-2013 by Ord. No. 1354]
Added to all deposits, stipulations, and forfeitures
shall be court costs and fees, as provided in § 814.65,
Wis. Stats. The fee assessed pursuant to § 814.65(1), Wis.
Stats., shall be $38 for each separate matter, whether it is on default
of appearance, a plea of guilty or no contest, on issuance of a warrant
or summons, or the action is tried as a contested matter.