[HISTORY: Adopted by the Village Board of the Village of Denmark 7-6-1998 by Ord. No. 98-11 as §§ 1.04 and 1.05 of the 1998 Code; amended in its entirety 12-4-2017 by Ord. No. 2017-06. Subsequent amendments noted where applicable.]
While the Denmark Municipal Court was created by virtue of the aforesaid ordinances the Village of Denmark hereby determines that its Municipal Court shall be governed by the provisions of Chapter 755 of the Wisconsin Statutes.
Editor's Note: Reference is to General Government Ordinance 1.04 of the former Village Code.
The Village of Denmark hereby repeals any prior ordinances to the extent there are inconsistencies with the provisions of this chapter.
[Added 3-5-2018 by Charter Ord. No. 2018-01]
Pursuant to § 66.0101, Wis. Stats., the Village of Denmark elects not to be governed by that portion of § 755.02, Wis. Stats., which requires the Municipal Judge to be elected for a term of four years.
Pursuant to § 755.02, Wis. Stats., the Village of Denmark elects that the Municipal Judge shall be elected for a term of two years.
The Judge for the Denmark Municipal Court shall be elected at large at the spring election held in even-numbered years for a term of two years commencing on May 1 following the election. The compensation of the Judge shall be fixed by the Village of Denmark Board of Trustees, and the Judge shall not serve until a contract is entered into with the Village of Denmark. Salary shall be paid by the Village of Denmark in equal installments as determined by the Board of Trustees but shall not be paid when the Judge has not executed and filed his or her official bond or oath as required.
The Village of Denmark Board of Trustees shall authorize at least one Clerk for the Municipal Court and shall fix the salary of the Clerk. The Municipal Judge shall have the authority to hire, terminate, and set hours of employment and work responsibility for the Clerk.
The Municipal Judge shall file the official oath and execute and file an official bond in an amount to be fixed by the Village of Denmark Board of Trustees which shall pay the costs of the bond. The Municipal Judge may not act until the oath and bond requirement have been met. The Clerk shall, before entering upon the duties of office. take an oath and give a bond as required by the Village of Denmark Board of Trustees which bond shall be paid for by the Village of Denmark. Oaths and bonds of both the Clerk and the Judge shall be filed with the Village of Denmark Clerk.
The Municipal Court shall at all times operate consistent with Chapter 755 of the Wisconsin Statutes, and the Municipal Judge shall at all times conduct the duties of the office according to the Municipal Bench Book of the Wisconsin Supreme Court, Office of Judicial Education, and in compliance with the applicable provisions of the Wisconsin Code of Judicial Conduct.
At all times the Village of Denmark Municipal Court shall comply with the provisions of Chapter 800 of the Wisconsin Statutes, including the form of citations, initial appearances, pretrial conferences and trials as addressed in that chapter.
The Village of Denmark Municipal Court has exclusive jurisdiction over any action in which the municipality seeks to impose forfeitures for violations of the Village ordinances. Such forfeitures shall be enforced by way of the issuance of citations by the Village of Denmark Police Department.
The Municipal Judge may punish for contempt of municipal court for the Village, as defined and authorized by § 800.12, Wis. Stats.
[Added 11-5-2018 by Ord. No. 2018-08]
At the time of the issuance of any citation for violation of the Denmark Municipal Code or other Village ordinance, the issuing officer shall provide written notice to the defendant of the opportunity to submit, in writing, to the Municipal Court Clerk that the citation is contested, at which time the citation shall be scheduled for a pretrial conference and trial.
[Amended 6-4-2018 by Ord. No. 2018-04]
At the time of the issuance of the citation the defendant shall be notified that in the event the citation is not contested in writing that the defendant will be required to appear at an initial appearance at which time the Municipal Judge will make a determination as to further proceedings in the matter.
Prior to the scheduled trial the defendant shall participate in a pretrial conference with the Attorney for the Village of Denmark in an effort to resolve the citation without a trial. All resolutions reached at the pretrial conference shall be approved by the Judge for the Denmark Municipal Court.
The Village of Denmark Municipal Court shall operate at the Denmark Village Hall and utilize the forms and procedures adopted by the Village of Denmark, through its Board of Trustees, in the operation of the Court and in the disposition of the citations issued by the Village of Denmark Police Department.
The administration and collection of fines and forfeitures shall be conducted by the Village of Denmark Clerk and Treasurer following a judgment of conviction being entered in the Municipal Court.
All money collected by the Municipal Judge shall be turned over to the Village Treasurer and deposited into the Village bank account. The Village Treasurer will communicate with the Court Clerk as payments arrive so payments can be applied to applicable citations. Payments can be made in person at 118 East Main Street, Denmark, Wisconsin 54208, mailed to the Municipal Court at PO Box 341, Denmark, Wisconsin 54208 or online at www.GovPayNow.com. A convenience fee for the transaction will be charged if paid online.
[Added 6-4-2018 by Ord. No. 2018-04]