[HISTORY: Adopted by the Bellevue Board 6-23-1992 (§ 1.11
of the 1998 Code); amended 9-11-1996; 6-12-2002; 2-14-2007; 4-13-2011. Subsequent amendments noted where applicable.]
This chapter is titled the "Village of Bellevue Municipal Judge
Ordinance." The purpose of this chapter is to establish the position
of Municipal Judge for the Village.
The Village Board has the specific authority, powers and duties,
pursuant to Chs. 61, 755 and 800, Wis. Stats., to provide for the
election of a Municipal Judge and to provide for the operation and
maintenance of the court, including employees of the court.
The Village Board has, by the adoption of this chapter, confirmed
the statutory authority, powers and duties noted above in Chs. 61,
755 and 800, Wis. Stats., and has established, pursuant to these chapters
and this chapter, the powers and duties of the Village Board to provide
for the operation and maintenance of a municipal court system and
to provide for the election of a Municipal Judge.
The Municipal Judge shall be elected at large at the spring
election in every other even-numbered year for a term of four years
commencing on May 1 succeeding his or her election. To qualify for
the position, the Municipal Judge shall have at least a Juris Doctorate
(JD) in law from an accredited university and be in good standing
with the Wisconsin State Bar.
The Municipal Judge shall file the appropriate oath and bond
as required by § 755.03, Wis. Stats.
The salary affixed for the Municipal Judge shall be in lieu
of fees and costs. The salary of the Municipal Judge cannot be decreased
during the term of office, but no salary will be paid until the appropriate
oath and bond have been properly executed.
This Municipal Court in the Village is a single jurisdiction
court system.
A.
The Municipal Court of the Village has exclusive jurisdiction in
the Village over any action in which the Village rules to impose forfeiture
for violation of Village ordinances unless the action is transferred
under § 800.035 or 800.05(3), Wis. Stats., to a court of
review. If equitable relief is sought or demanded, the Municipal Court
in the Village does not have jurisdiction.
B.
The Municipal Judge of the Village is authorized to issue inspection
warrants under § 66.0119, Wis. Stats. The Municipal Judge
may order the payment of restitution for violation of ordinances in
conformity with §§ 943.24 and 943.50, Wis. Stats. The
restitution provided shall be under § 943.24(5) or 943.50(5),
Wis. Stats.
A.
The court of the Municipal Judge shall be called the "Municipal Court
for Bellevue, Wisconsin" and shall be open as the Municipal Judge
shall determine.
B.
The Municipal Judge shall keep an office and hold court in a Village
building.
C.
The procedure in Municipal Court shall be as provided in Wisconsin
Statutes and as otherwise provided by other applicable laws and Village
ordinances.
D.
The Municipal Judge shall collect all forfeitures, fines and taxable
costs in any action or proceeding before him or her and shall pay
over such moneys to the Village Clerk-Treasurer pursuant to Wisconsin
Statutes.
E.
Court costs. Pursuant to § 814.65(1), Wis. Stats., the
Municipal Judge shall collect court costs in Municipal Court actions
equivalent to the maximum allowed by the State of Wisconsin.
[Added 12-31-2013 by Ord.
No. O-2013-18]
The Municipal Judge may punish for contempt of municipal court
for the Village, as defined and authorized by § 800.12,
Wis. Stats.
The Municipal Judge shall, in writing, appoint the personnel
that are authorized by the Village Board. The Board shall authorize
at least one Clerk for each court. The Village Board shall fix the
salaries and benefits of these employees.
The Municipal Judge shall comply with Ch. 755, Wis. Stats.
