[Adopted by the City Council of the City of Lake Mills 10-6-2009 by Ord. No. 1053B (Title 1, Ch. 8, of the 2009 Code of Ordinances). Amendments noted
where applicable.]
A. Municipal Court established. There is hereby created and established
a Lake Mills Municipal Court under the provisions of Chapter 755 of
the Wisconsin Statutes which is incorporated by reference, including
any amendments, as though the chapter were written in its entirety
herein.
(1) The Municipal Court hereby established shall be known as the "Municipal
Court for the City and Town of Lake Mills."
(2) To permit the Court herein established to become a court with two
member municipalities, both the City and the Town of Lake Mills, pursuant
to § 755.01(4), Wis. Stats., shall enact identical ordinances
and shall enter into an agreement pursuant to § 66.0301,
Wis. Stats, for the exercise of powers relating to the creation and
administration of this Court.
(3) For purposes of creating this Court, the City and Town acknowledge
and agree that the terms of this chapter shall constitute the terms
of the agreement under § 66.0301, Wis. Stats., and that
this chapter shall serve as the agreement as if it were written and
separately executed between the City and Town of Lake Mills.
(4) This Court may not be abolished during any term for which a judge
has already been elected. Either the City or Town may abolish this
court, effective at the end of a judge's term of office, by adopting
an ordinance repealing that municipality's ordinance. Such ordinance
shall be in effect on December 1 in the year preceding the May 1 expiration
of the judge's term, so that potential candidates for judge are
aware of the change in the status and jurisdiction of the court. Any
municipality that has not so acted to repeal its ordinance shall also,
prior to December 1 in the year preceding the May 1 expiration of
the judge's term, amend its ordinance in a manner that preserves
the Municipal Court's jurisdiction for that municipality, commencing
on May 1.
B. Municipal judge. Such Court shall be under the jurisdiction of and
presided over by a Municipal Judge, who shall be an attorney licensed
to practice law in Wisconsin, and who shall reside in either the City
of Lake Mills or the Town of Lake Mills at the time of his or her
election and throughout his or her term of office.
(1) Such Municipal Judge shall be elected at large in the spring election
for a term of four years commencing on May 1. All candidates for the
position of Municipal Judge shall be nominated by nominating 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.
[Amended 11-1-2011 by Ord. No. 1091]
(2) The City Council of the City of Lake Mills and the Board of Supervisors
of the Town of Lake Mills shall provide for a primary election in
the event that more than two candidates file nomination papers for
such position of Municipal Judge, as provided in § 8.11(1)(a),
Wis. Stats., and such primary election shall be held on the third
Tuesday of February as provided in § 5.02(22), Wis. Stats.
(3) Because a Municipal Court has previously been established by the
City of Lake Mills, and because the Judge presiding over the Court
has been elected to a term of office until May 1, 2010, the Judge
of the previously established Municipal Court shall preside over the
newly organized Municipal Court for the City and Town of Lake Mills
until the end of the existing term.
C. Elections. The Clerks of the City and Town of Lake Mills shall see
to the compliance with Wis. Stats. §§ 5.58(1c), 5.60(1)(b),
5.60(2), 7.10(1)(a), 7.60(4)(a) and 8.10(6)(bm) to provide for the
election of a Municipal Judge under § 755.01(4), Wis. Stats.
D. Oath and bond. The Judge shall, after his or her 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 $5,000. The 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 § 755.03(2), Wis. Stats.,
have been complied with.
E. Salary and administrative costs. The salary of the Municipal Judge
shall be fixed by the City Council of the City of Lake Mills, and
such salary shall be in lieu of fees and costs. No salary shall be
paid for any time during a term for which such Judge has not executed
the official bond or official oath, as required by § 755.03,
Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats.
The City Council annually shall by separate ordinance allocate funds
for the administration of the Municipal Court, and shall provide for
a location for records for the Municipal Court, and shall provide
office space for 16 hours per week for the Court Clerk within City-owned
or controlled facilities, such that persons having business with the
Court may access the Court Clerk during regularly scheduled business
hours.
F. Jurisdiction. The Municipal Judge of the Municipal Court shall have
such jurisdiction as provided by §§ 755.045 and 755.05,
Wis. Stats., and as otherwise provided by State Law. The Municipal
Judge is authorized to issue inspection warrants under § 66.0119,
Wis. Stats.
G. Location and hours. The Municipal Court shall be held in the Council
Chambers of the City of Lake Mills Municipal Building at 200 Water
Street. The Municipal Court shall be open at such times as determined
by the Municipal Judge.
H. Forfeitures, costs and contributions. The Municipal Judge may impose
forfeitures, costs and contributions as provided by § 800.09,
Wis. Stats., and as provided in the ordinances of the City of Lake
Mills, Town of Lake Mills, and any contracting municipalities. Court
costs shall be imposed in an amount of no less than $38 per citation
for which a deposit is made or for which the court has made a finding
of guilt. Court costs shall be increased to the maximum allowable
amount whenever authorized by statute. All forfeitures, fees, penalty
assessments, domestic abuse assessments, driver improvement surcharges,
and the fee to be paid to the department of administration, 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 Judge
or other court personnel. At the time of the payment, the Municipal
Judge shall report the title of the action, the offense for which
a forfeiture was imposed and the total amount of the forfeiture, fees,
penalty assessment, domestic abuse assessment, driver improvement
surcharge and costs, if any. The treasurer of each municipality shall
disperse the fees as provided in § 814.65(1), Wis. Stats.,
and in accordance with the monthly report provided by the Court Clerk,
except that court costs, minus the fee per citation payable to the
department of administration, shall be retained by the City of Lake
Mills as payment towards the administrative costs of the Municipal
Court. The forfeitures received by the respective treasurers from
the Court shall be retained by the respective municipality.
[Amended 1-7-2014 by Ord.
No. 1123; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
A. The procedure in Municipal Court shall be as provided in this section
and the state law, including but not necessarily limited due to enumeration,
Chs. 66, 345, 751, 755, 757 and 800, Wis. Stats. The provisions of
Chapter 800, Wis. Stats., including any amendments thereto, are hereby
incorporated by reference as the procedures to be followed in the
Municipal Court for the City and Town of Lake Mills as though they
were set forth in their entirety herein.
B. The Municipal Judge may impose punishment and sentences as provided
by § 800.09, Wis. Stats., and as provided in the ordinances
of the City of Lake Mills, Town of Lake Mills, and any contracting
municipalities.
C. The Municipal Judge shall establish a schedule of deposits for violations
of City and Town ordinances, resolutions, bylaws, except traffic regulations,
which are and shall be governed by § 345.27, Wis. Stats.,
and boating violations, which are and shall be governed by § 23.67,
Wis. Stats. Such deposit schedule shall be approved by the respective
governing bodies creating and establishing or contracting with this
Court and shall be posted in the office of the Municipal Court Clerk
and the police departments of the respective municipalities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Contempt procedure.
(1) The Municipal Judge may impose a sanction 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.
(2) The Municipal Judge may impose a forfeiture for contempt under § 800.12(1),
Wis. Stats., in an amount not to exceed $200 or, upon nonpayment of
the forfeiture and the penalty assessment, jail assessment under § 302.46,
Wis. Stats., and any applicable domestic abuse assessment under § 973.055(1),
Wis. Stats., a jail sentence not to exceed seven days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Court authority to impose alternative juvenile dispositions and sanctions.
(1) For a juvenile adjudged to have violated an ordinance, the Municipal
Court is authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes.
(2) For a juvenile adjudged to have violated an ordinance and who also
violates a condition of a dispositional order of the court under §§ 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of those statutes.
(3) This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
The Municipal Court shall appoint a guardian ad litem for any
defendant that the Court has reason to believe is mentally incompetent.