City of Muskego, WI Chapter 18 Court, Municipal

[HISTORY: Adopted by the Common Council of the City of Muskego 5-22-2014 by Ord. No. 1383 (§ 1.06 of the 1964 Code). Amendments noted where applicable.]

§ 18-1 Municipal Court established.

Pursuant to the authority granted by § 755.01, Wis. Stats., there is hereby established the Municipal Court for the City.

§ 18-2 Office of Municipal Judge.

Pursuant to the authority granted by § 755.01, Wis. Stats., there is hereby established the office of Judge of the Municipal Court for the City.

A. Election; term. The Municipal Judge shall be elected at large at the spring election pursuant to § 755.02, Wis. Stats. The term shall commence on May 1 of the year of the Judge's election. Pursuant to § 755.02, Wis. Stats., the Municipal Judge shall be elected for a four-year term unless a different term is prescribed by charter ordinance.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Salary. The Municipal Judge shall receive a salary as determined from time to time by the Council 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 as required by Subsection C.

C. Bond; oath. The Municipal Judge shall execute and file with the Clerk of the Circuit Court for Waukesha County the oath prescribed by § 755.03 and, if required to do so by the governing body, an official bond in the penal sum of $5,000.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Jurisdiction. The Municipal Judge shall have such jurisdiction as provided by law and §§ 755.045 and 755.05, Wis. Stats., and exclusive jurisdiction of violations of City of Muskego ordinances, resolutions, and bylaws. Pursuant to § 755.10, Wis. Stats., the Municipal Judge shall, in writing, appoint such clerks and deputy clerks as are authorized by the City Common Council. Their salaries shall be fixed by the City Common Council, pursuant to § 755.10, Wis. Stats., and they shall take the oath required by § 19.01, Wis. Stats. The oaths shall be filed with the City Clerk. The Municipal Judge is authorized to issue warrants under § 66.0119, Wis. Stats.

E. Procedure.

(1) The Municipal Court shall be open as determined by order of the Municipal Judge.

(2) The Municipal Judge shall keep and hold court in the Muskego City Hall unless temporarily designated otherwise by Council resolution.

(3) The procedure in Municipal Court shall be as provided by this section and state law, including, but not excluding because of enumeration, Chs. 66, 345, 751, 755, 757 and 800, Wis. Stats.

(4) All forfeitures, fees, surcharges, and costs paid to the Municipal Court under a judgment before the Municipal Judge shall be reported and paid to the Clerk-Treasurer within 30 days after receipt of the money by the Municipal Court. The Clerk-Treasurer shall disburse the fees as provided in Ch. 814, Wis. Stats. Court costs and fees for matters adjudicated by the Municipal Court shall be set at the maximum amount allowed by the Wisconsin Statutes.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Contempt of court. The Municipal Judge shall have the power with regard to contempt of court as described in § 800.12, Wis. Stats.

G. Qualifications. The Municipal Judge shall be an attorney licensed to practice law in the State of Wisconsin and reside in the City of Muskego.

§ 18-3 Citations.

A. Any police officer of the City and such other public officials as may be designated by resolution of the Common Council may issue the following citation with respect to ordinances which are directly related to the official responsibility of the officials.

B. Pursuant to the authority of § 66.0113, Wis. Stats., the City of Muskego hereby elects to use citations for the enforcement of ordinances. The form of citation for all traffic matters shall be the Uniform Traffic Citation as described in § 345.11, Wis. Stats. For all other matters, the form of citation shall be as described in § 800.02, Wis. Stats. The citation shall contain all statutorily required information and notices.

C. Schedule of deposits. The Municipal Judge shall establish and submit to the Common Council for approval a schedule of deposits for violations of City ordinances, resolutions, and bylaws except in those matters in which the schedule of deposits is set by the Wisconsin Judicial Conference. When approved by the Common Council, such deposit schedule shall be posted in the offices of the Municipal Court Clerk and law enforcement services.

D. Stipulations and deposits. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulations and deposits set by the Wisconsin Judicial Conference.

§ 18-4 Adoption of statutes by reference.

The Municipal Court for the City of Muskego shall be operated pursuant to and in compliance with the provisions of Chapter 800 and all applicable provisions of the Wisconsin Statutes. All state statutes noted in this chapter are adopted by reference and shall be deemed incorporated in this Code as if fully set forth herein. Any future addition, amendment, modification or revision of the current or future statutes incorporated herein is intended to be made part of this Code.