[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 1.11 of the 2000 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Citations — See Ch. 14.
Pursuant to the authority granted by Chapter 755 of the Wisconsin
Statutes, there is hereby created and established a Joint Municipal
Court to be designated "Municipal Court for the Village of Hobart
and the Town of Lawrence," said court to become operative and function
on January 1, 2001.
A.
Qualifications. The Joint Court shall be under the jurisdiction of
and presided over by a Municipal Judge who resides in the Village
of Hobart or the Town of Lawrence.
B.
Oath and bond. The Judge shall, after election or appointment to
fill a vacancy, 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 amount of $10,000. The Judge shall not act until the oath and
bond have been filed, and the requirements of § 755.03(2)
have been complied with.[1]
C.
Salary. The salary of the Municipal Judge shall be fixed by the Boards
of the municipalities that are parties to the agreement, which shall
be in lieu of fees and costs. No salary shall be paid for any time
during the term during which such Judge has not executed the official
bond or official oath and filed it as required by § 755.03,
Wis. Stats. The municipalities may by separate ordinance allocate
funds for the administration of the Municipal Court pursuant to § 66.0301,
Wis. Stats.[2]
A.
Term. The Municipal Judge shall be elected at large for a term of
four years commencing on May 1 in a spring election. 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 held as provided in § 8.11,
Wis. Stats. The State Elections Board shall serve as filing officer
for the candidates. The initial Judge of the Hobart-Lawrence Municipal
Court shall be appointed by the Village Board of the Village of Hobart
and shall serve until May 1, 2002, at which time the first elected
Municipal Judge shall take office.[1]
B.
Electors. Electors in the Village of Hobart and Town of Lawrence
shall vote for Judge.
A.
The Municipal Court shall have jurisdiction over incidents occurring
on or after January 1, 2001, 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 Village of
Hobart and Town of Lawrence seeking to impose forfeitures for violations
of municipal ordinances of the Village of Hobart and the Town of Lawrence,
their resolutions and bylaws.
B.
The Municipal Judge may issue civil warrants to enforce matters under
the jurisdiction of the Municipal Court under §§ 755.045(2)
and 66.0119, Wis. Stats.
C.
The Municipal Court has jurisdiction over juvenile offenders when
the Village of Hobart or Town of Lawrence enacts an ordinance under
the authority of § 938.17(2)(cm), Wis. Stats.
A.
Hours. The Municipal Court shall be open at such location and at
such times as determined by the governing bodies of the Village of
Hobart and Town of Lawrence, and the Municipal Judge.
B.
Employees. The Judge shall, in writing, appoint such clerks and deputy
clerks as are authorized and funded by the Boards of the Village of
Hobart and the Town of Lawrence.
The Municipal Judge may impose punishment and sentences as provided
by Chapters 800 and 938, Wis. Stats., and as provided in the ordinances
of the Village of Hobart and Town of Lawrence. All forfeitures, fees,
assessments, surcharges and costs shall be paid to the treasurer of
the municipality within which the case arose within 30 days after
receipt of the money by the Municipal Court. At the time of the payment,
the Municipal Court shall report to the treasurer the title of the
action, the nature of the offenses and total amount of judgments imposed
in actions and proceedings in which such monies were collected.
The Municipal Judge, after affording an opportunity to the person
accused to be heard in defense, may impose a sanction authorized under
§ 800.12, Wis. Stats. and may impose a forfeiture therefor
not to exceed $200 or upon nonpayment of the forfeiture and the assessments
thereon, a jail sentence not to exceed seven days.
The Municipal Court hereby established shall not be abolished
while the § 755.01(4) agreement is in effect.
